Andhra Pradesh High Court - Amravati
Javvadi Ramana Murthy, vs State Of Andhra Pradesh, on 2 December, 2020
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 22801 OF 2020 Between: Javvadi Ramana Murthy, S/o. late Seenaiah, Aged 46 years, Occ: Pastor, R/o. Ayyavaripalle Village, K.Buduguntapalli Post, Koduru Mandal, Y.S.R. Kadapa District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, _ Revenue (Stamps and Registration) Department, Secretariat, Velagapudi, Amaravati, Guntur District. . 2. Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. District Registrar, Y.S.R. Kadapa District at Kadapa. Sub-Registrar, Pullampeta, Y.S.R. Kadapa District. Javvadi Mangamma, W/o. Late Seenaiah, Aged 85 Years, R/o. Harijanawada, Ayyavaripalle Village, IX.Buduguntapalli Post, Koduru Mandal, Y.S.R. Kadapa District. 6. Javadi Narayana, S/o. late Seenaiah, Aged 52 years, R/o. Ayyavaripalle Village, K.Buduguntapalli Post, Koduru Mandal, Y.S.R. Kadapa District. ...Respondents oh ow WHEREAS the Petitioner above named through his Advocate M/s Nimmagadda Revathi presented this 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in Registration of Settlement Revocation Deed bearing Document No. 1632/2018, dated 22.06.2018, executed by the 5th respondent, thereby unilaterally canceling the Gift Settlement Deed bearing Document No. 1559/2018, dated 18.06.2018 executed by the 5th respondent in petitioners favour, connected to agricultural landed property admeasuring Ac.0.33 Cents, covered by Survey No 1476-1C in Koduru Revenue Village and Mandal of Y.S.R. Kadapa District, in contravention of Rule 26 (k) (i), Section 69 of the Registration Act, 1908 and contrary to the law laid down by Honble Supreme Court of India in Thota Ganga Laxmi and another Vs. Government of Andhra Pradesh and Others, Reported in (2010) 15 SCC 207, as illegal, irregular, irrational and amounts to non discharge of legal obligation conferred on him under the Provisions of Registration Act, 1908 and rules framed there under and offends Articles 14 and 21 of constitution of India and consequently direct the 4th respondent to Cancel said Registration of Settlement Revocation Deed bearing Document No. 1632/2018, dated 22.06.2018, executed by the 5th respondent. , AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of M/s. Nimmagadda Revathi, Advocate for the Petitioner, GP for Stamps and Registration for Respondent No.1 to 4, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz: 1. Principal Secretary to Government, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. 3. District Registrar, Y.S.R. Kadapa District at Kadapa. Sub-Registrar, Pullampeta, Y.S.R. Kadapa District. Javvadi Mangamma, W/o. Late Seenaiah, R/o. Harijanawada, Ayyavaripalle Village, K.Buduguntapalli Post, Koduru Mandal, Y.S.R. Kadapa District. 6. Javvadi Narayana, S/o. late Seenaiah, R/o. Ayyavaripalle Village, K.Buduguntapalli Post, Koduru Mandal, Y.S.R. Kadapa District. oak are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted, on or before 23.12.2020, on which date the case stands posted for hearing. IA NO: 1 OF 2020 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 suspend the operation of registration of settlement revocation deed bearing Document No. 1632/2018, dated 22.06.2018, registered on the file of 4th respondent and executed by the 5th respondent, pending disposal of WP No.22801 of 2020, on the file of the High Court. . The Court made the following: ORDER:
"Notice before admission.
Learned Assistant Government Pleader for Registration and Stamps takes notice for the respondents 1 to 4 and waives further notice and seeks time to file counter.
Learned counsel for the petitioner is permitted to take out personal notice to the respondents 5 & 6 by 'RPAD' and file proof of service. Learned counsel for the petitioner submits that unilateral cancellation of registered gift settlement deed bearing document No. 1559 of 2018 dated 18.06.2018, and its registration vide settlement revocation deed bearing document No. 1632 of 2018 dated 22.06.2018, without notice to the petitioner, is illegal and contrary to the provisions of Rule 26(k)(i) of AP Registration Rules. In view of the submission made by the learned counsel for the petitioner and also in view of the decision of this Court dated 07.03.2019 in W.P.No.977 of 2019 [Kolli Rajesh Chowdary v. State of AP] and the decision of the Hon'ble Supreme Court in Thota Ganga Laxmi and another v. Government of AP & others [(2010) 15 SCC 207], there shall be interim suspension as prayed for. Post on 23.12.2020." Sd/- K. JAGANMOHAN / DEPUTY REGISTRAR 7 ITTRUE COPY// ~ SECTION OFFICER, To,
1. Principal Secretary to Government, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District. District Registrar, Y.S.R. Kadapa District at Kadapa. Sub-Registrar, Pullampeta, Y.S.R. Kadapa District. Javvadi Mangamma, W/o. Late Seenaiah, R/o. Harijanawada, Ayyavaripalle Village, K.Buduguntapalli Post, Koduru Mandal, Y.S.R. Kadapa District.
6. Javvadi Narayana, S/o. late Seenaiah, R/o. Ayyavaripalle Village, K.Buduguntapalli Post, Koduru Mandal, Y.S.R. Kadapa District. (1 to 6 by RPAD- along with a copy of petition and Affidavit) One CC to M/s. Nimmagadda Revathi, Advocate [OPUC] Two CCs to GP for Registration & Stamps, High Court Of Andhra Pradesh. [OUT] One spare copy.
oO © MOON HIGH COURT MGR,J DATED:02/12/2020 ORDER POST ON 23.12.2020 NOTICE BEFORE ADMISSION WP.No.22801 of 2020 DIRECTION