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
(Special Original Jurisdiction)
WEDNESDAY,THE FIFTEENTH DAY OF OCTOBE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 28476 OF 2025
Between:
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, Naiiapadu Sub-Registrar's Office Naliapadu , Guntur
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
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
ille^gal, 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 3'^^ Respondent to receive, process and
register said Testamentary document/will being presented by the Petitioner ini
respect of said land.
lA 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 to
direct the 3'^'^ 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.
Counsel for the Petitioner: SRI SITA RAM CHAPARLA
Counsel for the Respondent Nos.1 to 3: GP FOR STAMPS AND
REGISTRATION
The Court made the following
t
APHC010553072025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
as (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/0. CHALLA CHALAMAREDDY, OCC.
PROPERTIES, AGED 74 YEARS, R/0. 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 Natlapadu Village, Guntur West Mandal, Guntur District, as
illegal, irregular, irrational and amounts to non-discharge of legal obligation
Page 2 of 5
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
lA 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:
% Page 3 of 6
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.28476 of 2025
ORDER:-
The present Writ Petition is 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 processmg and registering Testamentary document/will dt 13 10 2025 being presented by the Petitioner in respec o petitioner's land admeasuring Ac. 8.74 cents situated in Survey No. 563/5 of Nallapadu Village, Guntur West Mandat, Guntur Distnc , as of legal illegal irregular. Irrational and amounts to non-discharge obligation conferred on him under the Provisions of the Reg/s(ra(ion Act 1908 and Rules framed there under and offends Articles 14, 2i and 300-A of Constitution of India and consequently direct the 3rd Respondent to receive, process and register said Testamentary . ^ w 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 v. The State of of 2024, has relied upon the judgment in Salimeni Ravindra 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 record reasons for process the sale deed and either register the same or 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 subm.it 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 refusal.
7. In view of the above, this Writ Petition is disposed of directing respondent No.6 to process the will deed dated 13.10.2025 presented by the intends to petitioner in accordance with law or in case the Sub-Registrar refuse registration of the document, he shall pass appropriate orders strictly in terms of Section 71 of the Act and RuleslOI to 164 framed there under 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.
Sd/- T. SRINIVASA RAO •7 ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to the Government, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, 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.
4. One CC to Sri Sita Ranv'phaparla, Advocate [OPUC]
5. Two GCs to ^ GP for-Stamps and Registration, High Court of Andhra r' • • ■ ; I \ Pradesh [OUT]
6. Two CD Copies.
ssb / <4 HIGH COURT DATED: 15/10/2025 ORDER WP No. 28476 OF 2025 <9 0 'I NOV 2025 Co rrentSectionXw DISPOSING OF THE W.P. WITHOUT COSTS