Andhra Pradesh High Court - Amravati
Vedidi Subba Lakshmi vs State Of Ap on 22 February, 2021
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) -- . o ¥ saad MONDAY, THE TWENTY SECOND DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 3553 OF 2021 Between: 4. Velidi Subba Lakshmi, W/o Kasi Bhadram, 2. Mutcharla Kanya Kumar, W/o Venkateswara Rao, 3. Mutcharla Kanthamani, W/o Venugopala Murali Krishna, 4. Yerra Sujatha, W/o Rambabu, Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary (Registration and Stamps), Secretariat, Velagapudi, Guntur District. The District Collector, East Godavari District at Kakinada. The Revenue Divisional Officer, Ramachandrapuram Division, Ramachandrapuram, East Godavari District. 4. The Tahsilar, Ramachandrapuram Mandal, Ramachandrapuram, EAst Godavari District. 5. The District Register, Ramachandrapuram Mandal, East Godavari District. at Kakinada. The Sub-Registrar, Sub-Registrar Office at Draksharama, East Godavari District. Nallajaraia Venkata Giri Srinivas, S/o Balakrishana Rao, Aged abpout 46 years, Hindu , Business, R/o D.No. 33-33-27, Bank Colony, Tanuku, West Godavari District. 8. Nallajarla Jyostna, W/o Venkata Giri Srinivas, Aged about 35 years, Hindu, House-wife, Rio D.No.35-33-27, Bank Colony, Tanuku, West Godavari District. Respondents won "Om WHEREAS the Petitioners above named through their Advocate Sri Chandra Sekhar llapakurti 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 an Order or a Direction or a Writ more in the nature of Writ of Mandamus by declaring the action of the 2nd respondent herein in rejecting the Petitioners' representation dt.11.9.2020 under an Endorsement under proceedings ~ REV-ESECOWP?/ 391/2020- SA (E5)- CLO-EG dt.3.12.2020 even though no appeal is pending on the file of the Hon'ble Supreme Court of India against the Order dt.23.1.1980 in Civil Revision Petition (CRP) No.4172/1979 passed by Hon'ble High Court of Andhra Pradesh at Hyderabad as arbitrary, autocratic, illegal, ultravires and against to the principles of natural justice consequently direct the 2nd herein to lift the Petitioners' land admeasuring Ac.0.30 cents out of total extent of Ac.4.95 cents covered under 247, 248/1 and 248/2 situated at Venkatayapalem village of Ramachandrapuram Mandal, East Godavari District from the prohibitory list of the Registration Act,1908 at the office of the 6th Respondent herein. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri Chandra Sekhar llapakurti, Advocate for the Petitioners, and GP for Registration and Stamps for Respondent Nos 1 to 6 directed issue of notice to the Respondents herein to show cause as to why this WRIT. PETITION should not be admitted. / You viz: 1. The Principal Secretary (Registration and Stamps), State of A.P., Secretariat, / Velagapudi, Guntur District. 2. The District Collector, East Godavari District at Kakinada. 3. The Revenue Divisional Officer, © Ramachandrapuram Division, Ramachandrapuram, East Godavari District. 4. The Tahsilar, Ramachandrapuram Mandal, Ramachandrapuram, EAst Godavari District. 5. The District Register, Ramachandrapuram Mandal, East Godavari District at Kakinada. The Sub-Registrar, Sub-Registrar Office at Draksharama, East Godavari District. . Nallajaraia Venkata Giri Srinivas, S/o Balakrishana Rao, Aged abpout 46 years, Hindu , Business, R/o D.No. 33-33-27, Bank Colony, Tanuku, West Godavari District. 8. Nallajarla Jyostna, W/o Venkata Giri Srinivas, Aged about 35 years, Hindu, House-wife, Rio D.No.35-33-27, Bank Colony, Tanuku, West Godavari District. No are directed to show cause on or before 30-03-2021 to which date the case stands posted as to why in the circumstances set out in the petition and affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in W.P., the High Court may be pleased prayed that this Hon'ble Court by directing the Respondents 1 to 6 herein to permit the petitioners 1 to 4 herein to register their land admeasuring Ac.0.30 cents out of total extent of Ac.4.95 cents covered under R.S.No. 247, 248/1 and 248/2 situated at Venkatayapalem village of Ramachandrapuram Mandal, East Godavari District to their prospective buyers, pending disposal of WP No. 3553 of 2021, 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 official respondents and waives further notice, and seeks time to file counter.
Though the order passed by this Court in C.R.P. No. 4172 of 1979 dated 23.01.1980 and the same has become fi nal, the respondents have not approached the Hon'ble Supreme Court as submitted before this Court so far. Hence, there is no embargo for the registration authorities to register the documents as the lands are not included in the prohibitory property list as per the provisions of Section 22-A(1) of the Registration Act, 1908. | Hence, there shall be an interim direction to the 6" respondent to receive the documents to be presented in respect of the subject property, register and release same, without reference to the order passed by the District Collector dated 11.09. 2020. ~ Post on 30.03.2021. - - dK "K-TataRag oa | ASS TANT REGISTRAR TRUE COPY// For. _ SECTION OFFICER To, NO
8. _ The Principal Secretary (Registration and Stamps), State of A.P., Secretariat, Velagapudi, Guntur District.
The District Collector, East Godavari District'at Kakinada.
The Revenue Divisional Officer, Ramachandrapuram Division, Ramachandrapuram, East Godavari District.
The Tahsilar, Ramachandrapuram Mandal, Ramachandrapuram, EAst Godavari District.
The District Register, Ramachandrapuram Mandal, East Godavari District at Kakinada.
The Sub-Registrar, Sub-Registrar Office at Draksharama, East Godavari District. Nallajaraia Venkata Giri Srinivas, S/o Balakrishana Rao, Aged abpout 46 years, Hindu , Business, R/o D.No. 33-33-27, Bank Colony, Tanuku, West Godavari District.
Nallajarla Jyostna, W/o Venkata Giri Srinivas, Aged about 35 years, Hindu, House-wife, Rio D.No.35-33-27, Bank Colony, Tanuku, West Godavari District.
(Addressee Nos 1 to 8 by RPAD along with a copy of petition and affidavit)
9. Two CCs to GP for Registration and Stamps, High Court of A.P., at Amaravati (OUT)
10.One CC to Sri Chandra Sekhar llapakurti Advocate [OPUC]
11.One spare copy skm _ HIGH COURT MGR,J DATED:22/02/2021 NOTE: POST ON 30-03-2021 NOTICE BEFORE ADMISSION WP.No.3553 of 2021 DIRECTION A e ol (o '26 FEB 2021 g} an 7 a