Duddukum Mallikharjuna Rao, Vs The State of Andhra Pradesh

DUDDUKUM MALLIKHARJUNA RAO,, S/O DUDDUKUM MALAKONDAIAH, AGED ABOUT 55 YEARS, R/O D. NO. 39-22-29/4, SRILAKSHMI NIVAS, KALINGA NAGAR, MADHAVADHARA, VISAKAHAPATNAM URBAN.

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SUNAYANA TIWARI,, W/ O BHUPENDRANATH TIWARI AGED ABOUT 52 YEARS., R/O. D. NO. 30-13-21/11 MADHAVA STREET, NEAR SAIRASWATHI PARK, DHABA GARDENS, VISAKAHAPATNAM URBAN.

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SHASHILATA MISHRA,, W/O GYANESHWAR MISHRA, AGED ABOUT 47 YEARS, R/O 33-21-12/18/4TH, F 302, GOKUL THEATER BACK GATE, CHALUVA THOTA, VISAKAHAPATNAM URBAN.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATION AND STAMPS) DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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THE INSPECTOR GENERAL OF REGISTRATION AND STAMPS, ANDHRA PRADESH, REGISTRATION AND STAMPS DEPARTMENT, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, ANAKAPALLI DISTRICT AT ANAKAPALLI,

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THE JOINT SUB REGISTRAR, LANKELAPALEM, ANAKAPALLI DISTRICT.

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THE JOINT SUB REGISTRAR, ANKAPALLI, ANAKAPALLI DISTRICT.

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THE JOINT COLLECTOR, VISAKHAPATNAM.

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...RESPONDENT(S):

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2

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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 to Issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent herein in issuing the impugned Memo No. G2/398/2025 dated 13-08-2025 keeping the sale deed of petitioners bearing Doc.No.1464/2022 dated 28-03-2022 and also the link document bearing Doc.No.1249/2014 dated 12-02-2014 with regard to their land admeasuring 1016.4 sq.yards in Sy.No.28/6 of Aganampudi, Gajuwaka mandal, Lankelapalem Sub registrar, Anakapalli registration District, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam District in abeyance until further orders and directing the 4th and 5th respondents to record an entry in the post event against the said documents until further orders as illegal, arbitrary unconstitutional and consequently set aside the said Memo No. G2/398/2025 dated 13-08-2025 issued by the 3rd respondent, while directing the 3 to 5 respondents to remove the recorded entries of abeyance against the sale deed of petitioners bearing Doc. No. 1464/2022 dated 28-032022 and also the link document bearing Doc. No. 1249/2014 dated 12-022014 with regard to their land and pass

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IA NO: 1 OF 2025

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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 to suspend the Memo No.G2/398/2025 dated 13-08-2025 issued by the 3^rd respondent while directing removal of the recorded entries of abeyance against the sale deed of petitioners bearing Doc.No.1464/2022 dated 28-03-2022 and also the link document bearing Doc.No.1249/2014 dated 12-02-2014 with regard to their land admeasuring 1016.4 sq. yards in Sy.No. 28/6 of Aganampudi, Gajuwaka mandal, Lankelapalem Sub registrar, Anakapalli registration District, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam District within a stipulated time frame and pass

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Counsel for the Petitioner(S):

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1.SASANKA BHUVANAGIRI

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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

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The Court made the following:

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3

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ORDER:

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The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief:

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<to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the 3rd respondent herein in issuing the impugned Memo No. G2/398/2025 dated 13-08-2025 keeping the sale deed of petitioners bearing Doc.No.1464/2022 dated 28-03-2022 and also the link document bearing Doc.No.1249/2014 dated 12-02-2014 with regard to their land admeasuring 1016.4 sq.yards in Sy.No.28/6 of Aganampudi, Gajuwaka mandal, Lankelapalem Sub registrar, Anakapalle registration District, Greater Visakhapatnam Municipal Corporation limits, Visakhapatnam District in abeyance until further orders and directing the 4th and 5th respondents to record an entry in the post event against the said documents until further orders as illegal, arbitrary unconstitutional and consequently set aside the said Memo No.G2/398/2025 dated 13-8-2025 issued by the 3^rd respondent, while directing the 3 to 5 respondents to remove the recorded entries of abeyance against the sale deed of petitioners bearing Doc.No.1464/2022 dated 28-03-2022 and also the link document bearing Doc. No. 1249/2014 dated 12-02-2014 with regard to their land and pass….=

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Heard M/s. Sasanka Bhuvanagiri, learned counsel for petitioners and learned Assistant Government Pleader appearing for respondents.

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A perusal of the impugned order dated 13.8.2025 shows that the authorities with-hold the documents submitted by the petitioners as the matter is pending before Lokayukta. It is surprising to see the said observation by the District Registrar.

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This Court has directed the learned Government Pleader to get written instructions with regard to any prosecution is pending and any orders have been passed. For that, learned Assistant Government Pleader has placed the written instructions dated 23.12.2025 of

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respondent no.3-the District Registrar, Registration and Stamps Department in which it is stated that certain irregularities and fraud was found with regard to document no.25/2014 and they have also stated that no prosecution was launched under Section 82 of the Indian Stamps Act, 1899.

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When there are no specific orders from the competent Court or the authorities, the respondents ought not to have with-hold the documents without initiating any proceedings under Section 82 of the Indian Stamps Act, 1899.

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Considering the same, the impugned orders are set aside, remanding the matter to respondent no.3 to release the documents and take consequential action.

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