P Shankaraiah vs. The State Of Ap

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Ravi Cheemalapati
Case Status:Disposed
Order Date:21 Mar 2024
CNR:APHC010109482024

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Ravi Cheemalapati

Listed On:

21 Mar 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 5833 OF 2024

Between:

$\mathcal{L} = \mathcal{L}$

P. Shankaraiah, S/o. Peddabba, Aged about 59 years, R/o. D. No.3-81, E.Venkatapuram, Eguva, Thadakara, Chittoor District, Andhra Pradesh.

...PETITIONER

AND

    1. The State of AP, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Velagapudi, Amaravathi,
    1. The District Collector, Tirupati, Tirupati District.
    1. The Joint-Collector, Tirupati, Tirupati District.
    1. The Tahsildar, Tirupati Urban Mandal, Tirupati District.
    1. The District Registrar, Tirupati, Tirupati District.
    1. The sub-Registrar, Renugunta, Tirupati District.

...RESPONDENTS

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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 6<sup>th</sup> Respondent in refusing to receive, register and release the documents related to the house, D.No.1-407 to an extent of 143.11 square yards situated at Settipalli Village, Tirupati Urban Mandal, Tirupati District, basing on the letter issued by the 4<sup>th</sup> respondent vide ROC.A/55/2015, dated 03.03.2015, as arbitrary, illegal and violation of Principles of natural justice and Article 21 and 300(A) of the Constitution of India, consequently direct the 6<sup>th</sup> respondent to registered the document to be presented in respect of the House, D.No.1-407 to an extent of 143.11 square yards situated at Settipalli Village, Tirupati Urban Mandal, Tirupati District, in the interest of justice.

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to

direct the 6<sup>th</sup> respondent to receive forthwith, register and release the document relating to House, D.No.1-407 to an extent of 143.11 square yards situated at Settipalli Village, Tirupati Urban Mandal, Tirupati District without reference to the letter furnished by the $4^{th}$ respondent vide ROC.A/55/2015, dated 03.03.2015, in the interest of justice.

Counsel for the Petitioner : SRI P. MALLIKHARJUNA RAO

Counsel for the Respondent Nos.1, 5 & 6 : GP FOR REGISTRATION AND STAMPS

Counsel for the Respondent Nos.2, 3, 4 : GP FOR REVENUE

The Court made the following: ORDER

APHC010109482024

$\mathbf{v} = \mathbf{v}$

IN THE HIGH COURT OF ANDHRA PRADESH [3332] AT AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 5833/2024

Between:

P Shankaraiah

...PETITIONER

AND

The State Of Ap and Others

Counsel for the Petitioner:

1.P MALLIKHARJUNA RAO

Counsel for the Respondent(S):

1.GP FOR REGISTRATION AND STAMPS (AP)

The Court made the following:

Heard Sri P.Mallikharjuna Rao, learned counsel for the petitioner and Sri Dilip Naik, learned Assistant Government Pleader for Stamps & Registration.

$2.$ When the matter is taken up for consideration today, learned counsel for the petitioner and learned Assistant Government Pleader collectively submitted that, the issue involved in this writ petition is squarely covered by the orders passed by this Court in

$...RESPONDENT(S)$

W.P.No.30388/2023 dated 23.11.2023, which was passed by a Coordinate Bench of this Court by following various orders passed by this Court and accordingly prayed to pass similar order in this writ petition also.

  1. Taking the submissions of both the learned counsel into consideration and following the above said order and for the recorded therein, this writ petition also stands disposed of in terms of the order passed in W.P.No.30388/2023 dated 23.11.2023. reasons

In the light of the above said order and for the reasons alike, the Writ Petition is disposed of with a direction to the 4th respondent to receive and process the document for registration that may be presented by the petitioner, if the same is otherwise in accordance with law and is in compliance with the provisions of the Registration and Stamps Act. There shall be no order as to costs. 4.

  1. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed.

//TRUE COPY//

Sd/- N.NAGAMMA ASSISTANT REGISTRAR SECTION OFFICER To,

    1. The Principal Secretary, Revenue (Stamps and Registration) Department State of AP, Secretariat, Velagapudi, Amaravathi, Guntur District.
    1. The District Collector, Tirupati, Tirupati District.
    1. The Joint-Collector, Tirupati, Tirupati District.
    1. The Tahsildar, Tirupati Urban Mandal, Tirupati District.
    1. The District Registrar, Tirupati, Tirupati District.
    1. The sub-Registrar, Renugunta, Tirupati District.
  • <sup>7</sup> One CC to .^ri P

    1. TwoCCsto GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT]
    1. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
  • 10.Three C.D. Copies.

Cnr

HIGH COURT

DATED:21/03/2024

ORDER

WP.No.5833 of 2024

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$\frac{14}{4}$ 18/4/24

DISPOSING OF THE W.P. WITHOUT COSTS

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Order(1) - 6 Mar 2024

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