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

WEDNESDAY ,THE EIGHTEENTH DAY OF DECEMBER 1#'^ TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION NO: 29876 OF 2024 /

Between:

1

• 1. Shaik Gousia, W/o Late Abdul Majeed, Age 44 years, Resident of 9-52, Masjid E Kousar, Veera Venkateswarapuram, Donakonda, Prakasam District.
• 2. Shaik Abdulla Saad, S/o Late Abdul Majeed, Age 24 years. Resident of 9-52, Masjid E Kousar, Veera Venkateswarapuram, Donakonda, Prakasam District.
• 3. Shaik Abdur Rahmaan, S/o Late Abdul Majeed, Age 23 years. Resident of 9-52, Masjid E Kousar, Veera Venkateswarapuram, Donakonda, Prakasam District.

...PETITIONER

7^ -C

AND

• 1. The State Of Andhra Pradesh, rep. by its Secretary, Stamps and Registration Department, Secretariat Buildings Velagapudi, Guntur District.
• 2. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Registration Bhavan, Gollapudi, Vijayawada, NTR District.
• 3. The District Registrar, Prakasam District, Vijayawada.
• 4. The Sub Registrar, Darsi, Prakasam 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 be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order, Direction declaring the proceedings of the 2th Respondent in Draft Memo No. G2/19134/2011 dated 01- 12-2011 as illegal, without jurisdiction, and unconstitutional, and consequently direct the 4th Respondent to receive and register the document that may be presented by the petitioners for registration in respect of the site to an extent of 37 Sq. yards. Ground and 1st Floor RCC building, situated at Survey No. 209/1, Donakonda Village Panchayat, Prakasam District, without reference to the memo of the 2nd Respondent bearing No. G2/19134/2011 dated 01-12-2011. may

lA NO: ¹ OF 2024

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 4th respondent to receive and register the document that may be presented by the petitioners for registration in respect of the site to an extent of 37 Sq. yards. Ground and 1st Floor RCC building, situated at Survey No. 209/1, Donakonda Village Panchayat, Prakasam District, without reference to the memo of the 2nd respondent bearing No. G2/19134/2011 dt.01-12-2011: pending disposal of the Writ petition before this Hon'ble Court.

Counsel for the Petltioner(s): SRI. M VV R SATYANARAYANA

Counsel for the Respondent Nos.1 to 4: GP FOR REGISTRATION AND STAMPS

The Court made the following: ORDER

APHC010570642024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328]

WEDNESDAY THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

WRIT PETITION NO: 29876/2024

Between:

• 1. SHAIK GOUSIA, W/O LATE ABDUL MAJEED, AGE 44 YEARS, RESIDENT OF 9-52, MASJID E KOUSAR, VENKATESWARAPURAM, VEERA DONAKONDA. PRAKASAM DISTRICT.
• 2. SHAIK ABDULLA SAAD,, S/O LATE ABDUL MAJEED, AGE 24 YEARS. RESIDENT OF 9-52, MASJID E KOUSAR, VEERA VENKATESWARAPURAM, DONAKONDA, PRAKASAM DISTRICT.
• 3. SHAIK ABDUR RAHMAAN.. S/O LATE ABDUL MAJEED. AGE 23 YEARS. RESIDENT OF 9-52, MASJID E KOUSAR, VEERA VENKATESWARAPURAM, DONAKONDA. PRAKASAM DISTRICT.

$\ldots$ PETITIONER(S)

AND

• 1. THE STATE OF AP, REP. BY ITS SECRETARY, STAMPS AND REGISTRATION DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT.
• 2. THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GOVERNMENT OF PRADESH. ANDHRA REGISTRATION BHAVAN. GOLLAPUDI, VIJAYAWADA, NTR DISTRICT.
• 3. THE DISTRICT REGISTRAR, PRAKASAM DISTRICT, VIJAYAWADA.

4. THE SUB REGISTRAR, DARSI, PRAKASAM DISTRICT.

...RESPONDENT(S):

Counsel for the Petitioner(S):

1. M VV R SATYANARAYANA Counsel for the Respondent(S):

1.GP FOR REGISTRATION AND STAMPS The Court made the following:

ORAL ORDER;

Heard Sri Banka Nageswara Rao, Ld. on behalf of Sri M.V.V.R.Satyanarayana Petitioners and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue and Land Acquisition & Registration. Counsel appearing Ld. Counsel for the Stamps

2. The Ld. Counsel has drawn the attention of this Court appearing on behalf of Writ Petitioners to an Order passed by this Court in W.P.No.16168 of 2023, dated 06.07.2023 and Order in W.P.No.41957 of » ²⁰²² * dated 28.12.2022 and Order in^I W.P.No.30083 of 2022, dated 16.09.2022. The said Orders a Draft Memo issued by the Commissioner & Inspector General of Registration A.P., Hyderabad bearing Draft Memo No.G2/19134/201 01.12.2011 (Ex.P6). relate to the challenge of and Stamps 1, dated

3. The above mentioned Orders would indicate that had directed the Respondent Authorities this Court to receive and process be presented by the Writ same is otherwise in accordance with the document for registration that could Petitioners and that if the law and the VA/rit Petitioners complies with the Provisions of the Act, the same shall be processed. It is also indicated that the Government Registration Act and the Stamps Pleader is

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directed to circulate the Order to ensure that the Draft Memo N0.G2/19134/2011, dated 01.12.2011 shall not be the basis for any future rejections.

4. Having regard to these facts, this Court deems it appropriate to disposed of this Writ Petition with a direction to the Respondent No.4 to receive and process the document for registration that may be presented by the Writ Petitioners. If the same is otherwise in accordance with law and the Writ Petitioners complies with the Provisions of the Registration Act and the Stamps Act.

5. With the above observations and directions, the Writ Petition is disposed of. No order as to costs.

6. Interlocutory Applications, if any, stand closed in terms of this order.

//TRUE COPY//

SECTION OFFICER

Sd/- K ^J RAJA BABU ASSISTANMEGISTRAR

To,

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• 1. The Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Guntur District.
• 2. The Commissioner and Inspector General of Registration and Stamps Government of Andhra Pradesh, Registration Bhavan, Gollapudi Vijayawada, NTR District. '
• 3. The District Registrar, Prakasam District, Vijayawada.
• 4. The Sub Registrar, Darsi, Prakasam District.
• 5. One CC to Sri M V V R Satyanarayana, Advocate [OPUC]
• 6. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT]

7. Three CD Copies

AL

HIGH COURT

DATED: 18/12/2024

ORDER

WP.No.29876 of 2024 o

/

DISPOSING OF THE WP WITHOUT COSTS