Andhra Pradesh High Court - Amravati
Chalamakunta Viswanath Reddy vs The State Of Ap on 8 July, 2022
Author: D Ramesh
Bench: D Ramesh
iN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT! (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE ERGHTH DAY OF JOLY TWO TH IOUSAND AND TWENTY TWO -PRESENT. THE HONOURABLE SRI JUSTICE D RAMESH - WRIT PETITION NO: 19887 OF 2022 Beiween: Chalarnakunta Viswanath Reddy, S'o.0. Reddeppa Reddy, Aged about 50 years, Rio Siddavaramn Pecidamandyam Mandal, Annamayya District, Rep. by his Registered GPA No 4335/2022 Shaik Reddy Shamsheer, S/o.jate Shatk Sabian, Aged about 42 years, Occ. Business, R/o.4-137 Balai Nagar, Basinikonda Vilage, Kondamaripall Gramapanchayat, Madanapall Mandal, Annamayys Oistrict. _ Pattioner AND: . The State of Andhra Pradash, Raprasented by its Principal Secretary, Registration and Stesnos Depariment Secretariat Buildings, Al Velagapudi, Amaravall, Guntur District = The Commissioner and Inspector Gener ral of Registration and Starnps, Andhra Pradesh, Viayawada, Krishna District. The District Registrar, Rayachoty, Annamayya District. The Sub-Registrar, Madanapalll, Annamayya District. The Director of Town and Country Planning, Government of Andhra Pradesh, Mangalagiri, Guridur District. Ky verde eo ~ Mespondenis Fatiion under Article 236 of the. 'Gonstitution of india praying that in the circumstances stated in the afidayil fled therewith, the High Court may be pleased to issue Writ or direction preferably Wnt of Mandamus declaring the action of the Respondents 3 and 4 in refusing io receive, register and reisase the sale deads presanied by the petitioner in espe of Piet Nos.8,9,41,12,14,24 to 26.28.31 toe 33,35 total extent of all ihe plots 2263 28 Sq yards In-un- "approved layout laid in the land to an extent of Ac. 1.38 Cents out of the Total axtent of Ac. 2.02 Cenis in Sy No.96-1 situated at Devaiths Nagar Extension, Kondamariipali Vilage, Basinikonda Panchayal, Madanapaili Mandal, Annamayya Qistrict in pursuant fo the Circular Memo No. GiU419131/2008 dated 19-02-2022 issued by the 2° Respondent wherein directing not to register any unapproved layouts in the state as Hleaal, without jurisdiction, contrary fo the provisions of the Registration Act 1908 and in violation of Articles 14, 19 and 300-48 af Constitution of India and consequently set aside the Mero No.O1/1913 1/2005 daied 18-O2-2022 and further direct the Srd and 4th Respondents to "coe ragisier and release the sale deads presented by ihe pelitioners In respect of Flot Nos.8,9,77,12,14,24 to 26.28.31 to 33,55 total extent of all the plots 2283.28 Sq.yards in un-approved Jayaut laid in the land to an-extent of Ac. 1.36 Cents out of the Total extent of Ac. 2.02 Cents in Sy No.g6-1 situated at Devatha Nagar Extension, Kondamariripall Village, Basinikonda Panchayat, Madanapalll Mandal, Annamayya District. IA NO: 1 OF 2022 oS ' Petition under Section 191 CRC praying. 'hat in the cirournstances stated in the affidavit fled in support of the writ petition, the High Court may be pleased to direct the 3rd and 4th Respondents fo receive, register and release the sale deads presented by the pelitioner in reapect of Plot Nos.8.9,17,12,14.24 to 28,28,31 fo 33,35 total extent of ali the plots 2263.28 Sq.yards in un-approved layout Jaid in the land to an extent of Ac1.38 Cents out of the Total extent of Aca.o.02 Gents in Sy No.98-1 situated af Devatha Nagar Extension, Kandamariipali Vilage, Basinikonda Panchayat, Madanapalll Mandal, Annarmayya District, panding disposal of WP 18587 of 2022, an the file of the High Cour, a The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing'the arguments of M/s.MD Saleem, Advocate for the Petitioner, GP for Stamps & Registration for the Respondents, the Court made the following; ORDER:
"Heard arguments of learned goilhigel for the petitioner and the learned Government Pleader.
The essential issue raised in the Writ Petition is about the competence of the Commissioner and Inspector General of Registration and Stamps to issue a letter to the Registrar not to include certain lands pertaining to unapproved layouts under Section 22-A of the Registration Act and the action of the Sub- Registrar in refusing to register the land.
learned counsel for the petitioner argues that there is a procedure stipulated under law for including land: in the prohibitory list. According to him, the Commissioner and Inspector General of Registration and Stamps do not have the power or the jurisdiction to issue the said letter.
In the opinion of this Court, the petitioner has made out the Prima facie case as the action of the respondents i is not traceable to any provision of law. The documents presented by the petitioner in respect of the Plot Nos.8, 9, 11, 12, 14, 24, 26, 28, 31 to 33 and 35 in Survey No.96-1 situated at Devatha Nagar Extension, Kondamariripalli Village, Basinikonda Panchayat, Madanapalli Mandal, Annamayya District are kept pending. Hence, there shall be an interim direction as prayed for. a The 4" respondent is directed to complete the registration in respect of the above said documents submitted by the petitioner, which are kept pending as an interim measure, if he otherwise complies with the Stamp Act and Registration Act. It is needless to say that this registration will be subject to final result of the Writ Petition. The petitioner is also not entitled by virtue of this order to claim any equities in future. The further alienations shall be with the permission of this Court only. .
Post after four (4) weeks."
Sd/- M. SRINIVAS ¥ REGISTRAR ITTRUE COPY!// oe For ASSISTANT REGISTRAR . The Principal Secretary, Registration and Stamps Department State of Andhra Pradesh, Secretariat Buildings, At Velagapudi, Amaravati, Guntur District. The Commissioner and Inspector' Géneral of Registration and Stamps, Andhra Pradesh, Vijayawada, Krishna District: . The District Registrar, Rayachoty; Anfiamayya District. The Sub-Registrar, Madanapalli, Annamayya District. The Director of Town and Country Planning, Government of Andhra Pradesh, Mangalagiri, Guntur District.(1 to 5 by:RPAD) One CC to M/s. MD Saleem, Advocate [OPUC] Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] One spare copy.
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DOND MAW WN = o"
HIGH COURT OR, DATED QS 7/2022 ORDER POST APTER FOUR (4) WEEKS WP.NG (S587 of 2022 INTERIM DIRECTION