Yatham Sai Ram v. The State of Andhra Pradesh

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 order or orders, direction or directions, writ or writs particularly one in the nature Writ of Mandamous or any appropriate writ declare impugned action 4th respondent Notice C.No.231/2020,Dt 20-07-2020 in refusing to register the Agreement of Sale cum General Power of Attorney document P. No 76 of 2010, dtd. 21-05- 2010 as Illegal, arbitrary without jurisdiction and contrary to the provisions of Registration Act., 1909, against the finding of this Honourable High court in WY 1027 of 2011 Dt 29-03-2012 and violation of Art 14, 21 and 300A of the constitution of India and consequently issue necessary directions to the 4th respondent to registered the Sale cum GPA Deed PNo.76/2010, dtd.21-05-2010 and release the registered document to the petitioners forthwith. lA NO: 1 OF 2020 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 direct the 5'^ respondent to registered the Sale cum GPA Deed P.No.76 of 2010, dated 21.05.2010 pending disposal of the main WP.No. of 2020 Counsel for the Petitioner: SRI. K L N SWAMY Counsel for the Respondent Nos.1 & 2: GP FOR REVENUE Counsel for the Respondent Nos.3 & 4: GP FOR REGISTRATION AND STAMPS The Court made the following: % 1 APHC010346092020 0!¥i0 WM IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458] (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 22987/2020 Between: Yatham Sai Ram, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner{S):

1. K L N SWAMY Counsel for the Respondent(S);

1.GP FOR REVENUE

2.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: ORDER: The present writ petition is filed questioning the proceedings of 4th respondent Notice No.231/2020, dated 20.07.2020, refusing to register the Agreement of Sale cum General Power Attorney document No.P.76 2010, dated 21.05.2010. 2 / 5

2. Heard Sri K.L.N. Swamy, learned counsel for the petitioners and learned Assistant Government Pleader for the respondents.

3. The learned counsel for the petitioners submits that, the husband of the 2^'^ petitioner purchased the land to an extent of Ac.01-00 (4,840 sqyars) cents in Sy.No.274/1, Door No.77-6-16, Rajahmahendravaram town, Rajahmahendravaram Municipal Corporation, i) Rao, BokkaVenkataSrinivasa iv) BokkaDurga Prasad, the BokkaVeeraVenkaata Rao, iii,|jL___Bokk^enkataRamana ii) said document was presented for registration on 21.05.2010. However, the same was kept pending without effecting registration vide document No.P.76 of 2010, before the 4*^ respondent. Thereafter, the 4*'^ respondent issued a notice to petitioners C.No.231/2020

20.07.2020, informing the document submitted for registration was refused registration basing 2 respondent’s communication letter vide CC.No.917 and 168/RJY/75 stating that the schedule property belongs to LCC and prohibited for registration in terms of provisions of under Section 22 (A) Registration Act, 1908. As against the said order, an appeal under Section 72 of Registration Act, 1908 was filed by the petitioners before the 3^^^ respondent-District Registrar, within 30 days. The said appeal was rejected by the 3'"'^ respondent vide proceedings NO.G2/777/2020, dated 25.08.2020 only on the ground that the appeal was filed without enclosing original documents. The said refusal order was communicated to the 4*'^ respondent, however, he not sent original documents submitted for registration informed that he would return original document to executants. When the petitioners have approached to take the !>* 3 original documents, the 4''' respondent informed that it would be returned to the father of the petitioners. He further submits that, in same set of facts, earlier a writ wde W.P.No.1027 of 2011 was filed by the petitioner therein questioning the action of the respondents for rejecting registration. This Court had set aside the same and directed the authority to process the petitioner’s document for registration. He contends that, the husband of the 2'''^ petitioner has executed the document on the same day, as in the case of the petitioner in W.P.No.1027 of 2011. But, at the time of demise of the husband of the 2^"^ petitioner, during that relevant point of time, the petitioners were minors and they were not aware of the subject transactions, therefore, they could not persue with the registration till the notice was issued by the 4'*^ respondent. Thus, aggrieved by the action of the respondents, the present writ petition is filed and prayed to pass appropriate orders protecting the interest of the petitioners.

4. Learned Assistant Government Pleader appearing for the respondents, submitted the written instructions dated 12.12.2024 of the 4*'^ respondent-joint Sub-Registrar-1, Rajahmahendravaram, and opposed for any grant of relief and prayed to dismiss the writ petition.

5. A perusal of the record would indicate that no distinction is pointed out from the document No.P.75 of 2010, registered in favour of one Sri Vardhaapu Purushothama Vara Prasad, in respect of an extent of Ac.3.00 cents out of Ac.4.50 cents in Sy.No.274/1 of Rajamahendravaam Municipal Corporation i.e., the same survey number of this case. In that view of the matter, the petitioners herein have approached the authorities for the part of the subject land i.e.. 4 Ac.1.00 cents in the said block. No reasons are stated as to why the authorities have not proceeded for registration of the petitioners’ document when the similar case has been already dealt with.

6. Considering the submissions of both the learned counsel and the order of this Court dated 29.03.2012 passed in W.P.No.1027 of 2011, this Court is inclined to allow the writ petition with the following direction; The 4 th respondent is directed to process the document No.P.76 of 2010, dated 21.05.2010 without reference to the 2 respondent’s communication letter vide CC.No.917 and 168/RJY/75.

7. Accordingly, the writ petition is allowed. There shall be no order as to costs. //TRUE COPY// Sd/- U.SRI IJEVI ASSISTANT REGIS7RAR SE OFFICER To,

1. The Principle Secretary, State Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Guntur Dist.,

2. The Revenue Divisional Officer, Rajahmahendravaram, East Godavari Dist.,

3. The District Registrar, Rajamahendravaram, East Godavari Dist.,

4. The Joint Sub Registrar-I, Registrar Office (OB), Rajahmahendravaram, East Godavari Dist.,

5. One CC to Sri, K L N Swamy, Advocate [OPUC]

6. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]

7. Two CCs to GP for Registration and Stamps, High Court Of Andhra Pradesh. [OUT]

8. Three CD Copies HIGH COURT DATED:17/12/2024 ORDER WP.No.22987 of 2020 ALLOWING THE W.P. WITHOUT COSTS