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Andhra Pradesh High Court - Amravati

Perika Gyana Sundara Rao vs The State Of Andhra Pradesh on 9 December, 2025

Author: D Ramesh

Bench: D Ramesh

 APHC010613612025
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                         [3208]
                             (Special Original Jurisdiction)

                    TUESDAY, THE NINTH DAY OF DECEMBER
                      TWO THOUSAND AND TWENTY FIVE

                                  PRESENT

                    THE HONOURABLE SRI JUSTICE D RAMESH

                         WRIT PETITION NO: 34147/2025

Between:

   1. PERIKA GYANA SUNDARA RAO, S/O ANANDA RAO, AGED 60
      YEARS, R/O. 11-4600, ABM COMPOUND, PODILI VILLAGE AND
      MANDAL, PRAKASM DISTRICT. ANDHRA PRADESH, 523240.

                                                                ...PETITIONER

                                     AND

   1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
      SECRETARY,     REVENUE    DEPARTMENT, SECRETARIATE
      BUILDINGS, AMARAVATI, GUNTUR DISTRICT.

   2. THE COMMISSIONER AND INSPECTOR GENERAL OF OF
      REGISTRATION AND STAMPS, GOVERNMENT OF           ANDHRA
      PRADESH, D NO. 5-59, R K S SPRING VALLEY APARTMENT NEAR
      KANKIPADU MANDAL, ONE TOWN, VIJAYAWADA

   3. THE DISTRICT REGISTRAR, MARKAPURAM PRAKASAM DISTRICT.

   4. THE SUB REGISTRAR, PODILI PRAKASAM 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 to issue a writ, order or direction more particularly one in the nature
of writ of Mandamus, to declare the proceedings of the 2nd Respondent in
draft Memo No. G2/19134/2011 dated 1.12.2011 as                  Illegal, without
jurisdiction and unconstitutional and to issue consequential direction directing
the 4th Respondent to receive and register the document that may be
                                         2


presented by the Petitioner for registration in respect of the property in vacant
land Ac. 0.04 cent in Sy.No.190/2 situated at Podili Village and Mandal,
Markapuram Revenue Division, Prakasam District without reference to the
Memo of the 2nd Respondent bearing No. G2/19134/2011, dated 1.12.2011
and to 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 to
direct the 4th Respondent to receive and register the document that may be
presented by the Petitioner for registration in respect of the property i.e.,
vacant land an extent of A.C. 0.04 Cents. 190/2 situated at Podili village and
Panchayat of Podili Sub Registry, Prakasam District in S.No.190/2 without
reference to the Memo of the 2nd Respondent bearing No. G2/19134/2011
dated 1.12.2011 pending disposal of the above Writ Petition and to pass

Counsel for the Petitioner:

   1. A SREEDHAR

Counsel for the Respondent(S):

   1. GP FOR REVENUE

   2. GP FOR REGISTRATION AND STAMPS
                                          3


ORDER:

The present writ petition is filed under Article 226 of the Constitution of India for the following relief:

"...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the proceedings of the 2 nd Respondent in draft Memo No.G2/19134/2011 dated 1.12.2011 as illegal, without jurisdiction and unconstitutional and to issue consequential direction directing the 4th Respondent to receive and register the document that may be presented by the Petitioner for registration in respect of the property in vacant land Ac.0.04 cents in Sy.No.190/2 situated at Podili Village and Mandal Markapuram Revenue Division, Prakasam District without reference to the Memo of the 2nd Respondent bearing No.G2/19134/2011, dated 1.12.2011 and pass..." (in verbatim)

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

3. This petition is filed to declare the proceedings of the 2nd respondent in Draft Memo No.G2/19134/2011 dated 01.12.2011 as illegal, without jurisdiction, unconstitutional and to issue consequential direction to the 4th respondent to receive and register the document that may be presented by the petitioner for registration in respect of the property in an extent of Ac.0.04 cents in Sy.No.190/2 situated in Podili Village and Mandal, Markapuram Revenue Division, Prakasam District, without reference to the Memo of the 2nd respondent bearing Memo No.G2/19134/2011 dated 01.12.2011. 4

4. When the Writ Petition is taken up for hearing, it is represented by the learned counsel for the petitioner that this Court in similar circumstances disposed of W.P.No.39537 of 2015 and batch vide Order dated 07.12.2015 by setting aside the Memo.

5. For the reasons alike, this Writ Petition is also allowed setting aside the Memo No.G2/19134/2011 dated 01.12.2011 issued by the 2nd respondent. There shall be a consequential direction to the Sub-Registrar, Podili, to receive and process the documents presented by the petitioner in respect of the subject property without reference to the Order dated 15.03.2011 of the High Court of Madras in Contempt Petition No.1205 of 2010. In the event, the documents presented are found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar, Podili, shall complete the registration formalities and release the documents, in accordance with due procedure. If he is not intending to register the same, he shall record reasons and communicate the same to the parties. There shall be no order as to costs.

Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ JUSTICE D.RAMESH Date: 09.12.2025 SNI 5 225 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 34147 OF 2025 Dt.09.12.2025 SNI