Andhra Pradesh High Court - Amravati
Jayabheri Constructions vs State Of Andhra Pradesh, on 16 October, 2020
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
« al IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) FRIDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY :PRESENT: a THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 18882 OF 2020 wos Between: No ey Sri Jayabheri Constructions, Guntur, Rep. by its managing 'partner Bandi Venkateswara Rao, S/o Late Narayana, Hindu, aged about 60 yeais, now R/o Flat No.301, Amrutha Castle, 1% Jane, Vikas Nagar, Guntur, Guntur District. ...Petitioner AND 4. State of Andhra Pradesh, represented by its Principal Secretary, Stamps and Registration Department, Secretariat, Amaravathi, Guntur District. 2. The District Registrar, Stamps and Registration, and assurances Kurnool, Kurnoo! District. 3. The Joint Sub-Registrar, Stamps, Registration and Assurances, Kurnool, Kurnool District. 4. The Sub-Registrar, Stamps, Registration and Assurances, Guntur, 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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 3rd Respondent in entertaining and registering the G.P.A. deed executed on 24-01-2020 and registered on 23-09-2020 under documents No.10077/2020 presented by the respondents 5 to 8 in respect of the property for an extent of 8228 sq.yards out of total extent of Ac.4-60 cents covered by D.No.669/B2 of Old Guntur, as illegal, arbitrary, irrational, without jurisdiction, opposed to Principles of Natural Justice and contrary to the provisions of section 23 of Indian Registration Act and rules framed there under, besides being violative of Articles 21 and 300(A) Constitution of India and consequently set aside the same. 1A NO: 1 OF 2020 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 suspend operation of the G.P.A. Deed Dated: 24-01-2020 presented by the respondents 5 to 8 herein and registered by the respondent herein under Document No. 10077 of 2020, and further direct the 4th respondent not to entertain or register any document regarding the property of 8228 sq.yards out of total extent of Ac.4-60 cents presented by respondents 5 to 8 herein, pending disposal of WP 48882 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri Venkateswarlu Chakkilam Advocate for the Petitioner and of GP for Registration & Stamps for the Respondents and the Court made the following. ORDER:
"Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Stamps and Registration.
The learned counsel for the petitioner is permitted to take out personal notice to the respondents no's 5 to 8 and file proof of service in the registry, within three(3) weeks.
The grievance of the petitioner in the present writ petition is that the 3"
respondent had entertained the GPA executed on 24.01.2020 and registered the same on 23.09.2020 which is contrary to section 23 of Indian Registration Act. As oe per the said section, no documents other than the will shall be accepted for registration, unless presented for that purpose to the proper officer within a period of four(4) months from the date of its execution.
In view of the said provision of law, there shall be an interim suspension as prayed for.
List the matter after four(4) weeks."
Sd/- M.RAMESH BABU ASSISTANT REGISTRAR ITTRUE COPYI/ pif For ASSISTANT REG/STRAR To,
4. The Principal Secretary, Stamps and Registration Department, State of Andhra Pradesh, represented by its Secretariat, Amaravathi, Guntur District.
2. The District Registrar, Stamps and Registration, and assurances Kurnool, Kurnool District.
3. The Joint Sub-Registrar, Stamps, Registration and Assurances, Kurnool, Kurnool District.
4. The Sub-Registrar, Stamps, Registration and Assurances, Guntur, Guntur District. (Addresses Nos 1 to 4 y RPAD) One CC to Sri. Venkateswarlu Chakkilam, Advocate [OPUC] Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] One spare copy NO MSB HIGH COURT NJS,J DATED:16/10/2020 LIST THE MATTER AFTER (4) WEEKS ORDER WP.No.18882 of 2020 INTERIM DIRECTION