M.Rama Krishna v. The Government of Andhra Pradesh & Ors.

HON’BLE THE ACTING CHIEF JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE V.SURI APPA RAO W.A.No.936 OF 2010 JUDGMENT:( per B.PRAKASH RAO, ACJ) This Writ Appeal is filed against the order of the learned single Judge in W.P.No.7082 of 2010 dated 02.11.2010 dismissing the writ petition for default. The said writ petition was filed to declare the action of the respondents in treating the documents issued under Section 42 of the Indian Stamp Act, 1899 as link documents covering survey Nos.104/1, 104/2, 105 to 108 and 109/1, 112/3, 114/3, 115/3, 116/3, 117/2, 121/3, 122/3, 126 and a part of survey No. 134 of Kondapur Village, Serilingampally Mandal, R.R.District as illegal, arbitrary and unconstitutional and consequently to declare registering alienations without having regard to the provisions of Section 17(2) and Section 49 of Registration Act, 1908 and Transfer of property Act, 1882 as void abinitio and further to declare that the validity documents issued cannot be treated as link documents so long as they are not registered by conveyance of title made pursuant to the validation documents.

Heard learned counsel on either side and perused the entire material on record. The only grievance of the appellant-petitioner in the writ petition was that though a representation was submitted by him to the 2nd respondent on 23.02.2010 seeking a direction to the Sub Registrar, Moosapet not to entertain any sale transaction pending consideration of the representation, the same has not been considered so far. Having regard to the nature of relief as sought for by the appellant in the writ petition, it is not necessary to go into the merits of the case nor could be gone by this court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India. Be that as it may, since the grievance is only against non consideration of the representation filed by the appellant, there would not be any prejudice for the respondents if they are directed to consider the same and pass appropriate orders on merits in accordance with law.

The writ appeal is accordingly allowed and the order of the learned single judge is set aside and there shall be a mandamus to the second respondent herein to consider the representation made by the appellant dated 23.02.2010 on merits, in accordance with law after giving notice and opportunity to both sides. The entire exercise shall be completed within a period of one month from the date of receipt of a copy of this order. __________________ B.PRAKASH RAO, ACJ _________________ V.SURI APPA RAO,J lvl/ks 26.11.2010 HON’BLE THE ACTING CHIEF JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE V.SURI APPA RAO W.A.No.936 OF 2010 (PER HACJ) Dt 26.11.2010