The Mangalagiri Weavers Co-operative Production and Sales Society Ltd. Vs The State of Andhra Pradesh

THE MANGALAGIRI WEAVERS CO-OPERATIVE PRODUCTION AND SALES SOCIETY LTD, (REGD. NO. 552/1921), MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS PRESIDENT MR. DAMARLA MOHAN, S/O. SUBBAIAH, AGED 44 YEARS, R/O. DOOR NO.5- 500/A78, 4TH LANE ANJANEYA COLONY, MANGALAGIRI, ANDHRA PRADESH.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY (REVENUE DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH

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THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SPECIAL CHIEF SECRETARY (REVENUE, REGISTRATION DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DISTRICT COLLECTOR, GUNTUR DISTRICT AT GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, OFFICE AT 5-59, RK SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU MANDAL,

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VIJAYAWADA, ANDHRA PRADESH.

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THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, GUNTUR, ANDHRA PRADESH.

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THE SUBREGISTRAR, MANGALAGIRI, SUB-REGISTRAR OFFICE AT MANGALAGIRI, GUNTUR DISTRICT, ANDHRA PRADESH.

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ASSISTANT DIRECTOR, HANDLOOM AND TEXTILES, GUNTUR, ANDHRA PRADESH.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in issuing proceedings in R.Dis.No. 1312/2021-E5 dated 12.08.2021 in modification of 22-A (1)(e) of the Registration Act, 1908 Fist by including the property (House Sites) of the petitioner society in Sy. No. 224/A2 and 224/B of Mangalagiri Village and Mandal, Guntur District as illegal, arbitrary and also abuse of power, as well as oppose to the Act and in violation of Article 300-A of the Constitution of India consequentially suspend the proceedings in R.Dis.No. 1312/2021E5 dated 12.08.2021 in modification of 22-A (1)(e) of the Registration Act, 1908 issued by the 3rd respondent with a direction to the respondents 5 and 6 herein to register the documents present by the petitioner society or its members for alienation or mortgage of the properties in Sy No.224-A and 224-B in Mangalagiri Village and Mandal Guntur District, forthwith and to pass

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IA NO: 1 OF 2022

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the proceedings in R.Dis.No. 1312/2021-E5 dated 12.08.2021 in modification of 22-A (1)(e) of the Registration Act, 1908 issued by the 3rd respondent with a direction to the respondents 5 and 6 herein to register the documents present by the petitioner society or its members for alienation or mortgage of the properties in Sy No.224-A and 224-B in Mangalagiri Village and Mandal,

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Guntur District, forthwith pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.V SAI KUMAR

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR REGISTRATION AND STAMPS (AP)

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3.GP FOR MINES AND GEOLOGY

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4

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The Court made the following Order:

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleaders for the respondent Nos.6 & 7.

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This writ petition was filed questioning the proceedings of the 3^rd respondent in R.Dis.No.1312/2021-E5 dated 12.08.2021 by placing the subject land in an extent of Ac.8.00 cents in Sy.No. 224/A2 and 224/B of Mangalagiri village and mandal belonging to the petitioner’s society under prohibitory properties list as per Section 22-A(1)(e) of the Registration Act, 1908.

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The learned counsel for the petitioner submits that without giving any opportunity to the petitioner’s society and merely depending upon the proceedings of the Director, Handlooms & Textiles, A.P., dated 03.05.2021, the letter of the Assistant Director, Handlooms & Textiles, Guntur dated 10.08.2021, Note Orders of the 3^rd respondent dated 20.07.2021 in Lr.No.135/2021-H and the proceedings of the Tahasildar dated 07.08.2021, the impugned order has been passed by the 3^rd respondent dated 12.08.2021 imposing restriction on the subject land by placing it under Section 22-A(1)(e) of the Registration Act, 1908 as shown in detail under the head of ‘Errata’ given in the said proceedings of the 3^rd respondent dated 12.08.2021.

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The learned counsel for the petitioner submits that as per the annexure-2 of the society by-laws, it purchased the land in Sy.No.224/A

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& B at Mangalagiri, Guntur District for the benefit of the members of the society with their own funds without there being any aid by the Government at any point of time in sale deed number 2262/1959 dated 02.12.1959 which was registered before the 6^th respondent and more over the said land is a private land and upon negotiation for the purpose of house sites to its members. Only as per the by-laws and Section 28 of APCS Act 1964, the transactions are being entertained by the society for change of name of the family member/ the nominee in case of the death of the original member of the society in respect of the subject house plot and by virtue of the above said impugned proceedings of the 3^rd respondent dated 12.08.2021 the said transactions are being stalled as it is being treated as a prohibited property.

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On the other hand, the learned Assistant Government Pleaders relying upon the counters of the respondent Nos.6 & 7 submit that on the complaints received and as there are certain irregularities found to be noted in the petitioner’s society, upon recommendations of the Director of Handlooms and Textiles and the other authorities concerned, the said impugned action has been taken by the 3^rd respondent dated 12.08.2021 in the interest of society and its members.

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In reply, the learned counsel for the petitioner submits that, no opportunity was given to the society to establish their case by mentioning the details of the transactions which are required on day to

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day basis notwithstanding the pendency of any enquiry for the purpose of going into the facts of irregularities as alleged against the society. Hence, he further pleads an opportunity may be given to approach the 3^rd respondent to appraise the case of the petitioner for passing necessary orders.

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In view of the above said facts and circumstances, upon consideration of the rival submissions made by the respective counsels and upon verification of the available record, the petitioner is given an opportunity to make a representation in detail enclosing all the necessary documents in support of its claim to the 3^rd respondent within a period of two (2) weeks from the date of receipt of this order. On receipt of such representation from the petitioner, the 3^rd respondent is directed to consider and dispose of the same by conducting necessary enquiry by hearing all the parties concerned/ department giving due opportunity including for the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably within a period of three (3) months thereafter. It is needless to mention that, the 3^rd respondent shall conduct the above said exercise with a fresh look and by considering all the issues as raised by all the parties concerned.

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Accordingly, the writ petition is disposed of. There shall be no order as to costs.

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As a sequel, Miscellaneous Petitions pending, if any, shall stand

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closed.

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_________________________ JUSTICE B KRISHNA MOHAN

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15.09.2025 NNN

The Mangalagiri Weavers Co-operative Production and Sales Society Ltd. v. The State of Andhra Pradesh

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The Mangalagiri Weavers Co-operative Production and Sales Society Ltd. v. The State of Andhra Pradesh

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