Andhra Pradesh High Court - Amravati
Challa Achhamma vs The State Of Andhra Pradesh on 15 October, 2025
APHC010553072025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 28476/2025
Between:
1. CHALLA ACHHAMMA, W/O. CHALLA CHALAMAREDDY, OCC.
PROPERTIES, AGED 74 YEARS, R/O. D.NO. 2-68, TAKELLAPADU
VILLAGE, PIRANGIPURAM MANDAL, GUNTUR DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL
SECRETARY TO THE GOVERNMENT, REVENUE (STAMPS AND
REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI,
AMARAVATI, GUNTUR DISTRICT.
2. THE DISTRICT REGISTRAR, GUNTUR DISTRICT AT GUNTUR.
3. THE SUB REGISTRAR, NAILAPADU SUB-REGISTRAR'S OFFICE
NALLAPADU, GUNTUR DISTRICT.
...RESPONDENT(S):
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 toPleased to issue a writ, order or direction more particularly one in
the nature of WRIT OF MANDAMUS declaring the action of Respondents,
more particularly 3rd Respondent in not receiving, processing and registering
Testamentary document/will dt. 13.10.2025 being presented by the Petitioner
in respect of petitioner's land admeasuring Ac. 8.74 cents situated in Survey
No. 563/5 of Nallapadu Village, Guntur West Mandal, Guntur District, as
illegal, irregular, irrational and amounts to non-discharge of legal obligation
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conferred on him under the Provisions of the Registration Act, 1908 and Rules
framed there under and offends Articles 14, 21 and 300-A of Constitution of
India and consequently direct the 3rd Respondent to receive, process and
register said Testamentary document/will being presented by the Petitioner in
respect of said land and pass
IA NO: 1 OF 2025
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
pleased to direct the 3rd Respondent to receive, process and register
Testamentary document/will dt. 13.10.2025 being presented by the Petitioner
in respect of her land admeasuring Ac. 8.74 cents situated in Survey No.
563/5 of Nallapadu Village, Guntur West Mandal, Guntur District, pending
disposal of main Writ Petition and pass
Counsel for the Petitioner:
1. SITA RAM CHAPARLA
Counsel for the Respondent(S):
1. GP FOR REGISTRATION AND STAMPS
The Court made the following:
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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.28476 of 2025
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents, more particularly 3rd Respondent in not receiving, processing and registering Testamentary document/will dt. 13.10.2025 being presented by the Petitioner in respect of petitioner's land admeasuring Ac. 8.74 cents situated in Survey No. 563/5 of Nallapadu Village, Guntur West Mandal, Guntur District, as illegal, irregular, irrational and amounts to non-discharge of legal obligation conferred on him under the Provisions of the Registration Act, 1908 and Rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the 3rd Respondent to receive, process and register said Testamentary document/will being presented by the Petitioner in respect of said land and pass..."
2. Learned counsel for the petitioner relied upon the order passed by this Court in W.P.No.18105 of 2024 dated 09.09.2024 and would request to pass the similar order in this case.
3. Learned Single Judge of this Court, while disposing the W.P.No.18105 of 2024, has relied upon the judgment in Salimeni Ravindra v. The State of Andhra Pradesh & Ors. (W.P.No.10392 of 2021, dated 15.06.2021), for the proposition that there is an obligation on the part of Registrar/Sub-Registrar to process the sale deed and either register the same or record reasons for refusal to register a document, which is presented for registration and issue an order of refusal and record his reasons for refusal in Book No.2 with the Page 4 of 6 endorsement of the phrase "registration refused" on the presented document for registration.
4. Learned Assistant Government Pleader has not opposed and fairly would submit that similar order may be passed in this present case.
5. Section 71 of the Registration Act, 1908 (hereinafter referred to as „the Act‟) envisages that "Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded". Clause (2) of the Act envisages that "No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered".
6. Section 71 of the Act clearly provides that Sub-Registrar shall either register the document, if it is otherwise in accordance with law, or record reasons for such an order in book No.2 and endorse the words „registration refused‟.
7. In view of the above, this Writ Petition is disposed of directing respondent No.6 to process the sale deed presented by the petitioner in accordance with law or reject the same with a reasoned order and Page 5 of 6 communicate the same to the petitioner herein. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 15.10.2025 TVN Page 6 of 6 263 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.28476 OF 2025 Date: 15.10.2025 TVN