WP/29410/2009 of KOLLIPARA PUSHPALATA, Vs THE GOVERNMENT OF A.P., on 31 December 2009

ORAL ORDER:

According to the petitioner, one Kota Tirupathamma and Kota SubbaReddy (mother and son) have purchased certain extents of land from TulluriKotaiah S/o Atchaiah etc., under a registered sale deed dated 1.9.1965bearing Doc.No.4583/65. They in turn executed a General Power ofAttorney in favour of Kollipara Appa Rao on 8.11.1990 and the same wasregistered as Document No.712/90 and the same is still in force. Petitionerpurchased an extent of 911 sq.yards under a registered sale agreementdated 8.11.1990 for a valuable consideration. The vendors gave all thedocuments to the petitioner along with possession. Thus, the petitioner hasbeen in possession and enjoyment of the subject property for over 19years. According to the petitioner, the GPA holder has executed a saledeed in his favour and presented the same for registration in the office ofSub-Registrar, Guntur, but said document was not received and notregistered and no reasons were furnished for the same. According to thepetitioner, there is no hurdle in the way of second respondent for registeringthe document. Therefore, the action of the respondent in not receiving thesale deed is arbitrary, illegal and contrary to the provisions of RegistrationAct and the Rules made thereunder. The second respondent could not haverefused to receive the sale deed.

Further, the petitioner has obtained information from the Sub-Registrar under Right to Information Act, which reveals that the GPAexecuted is valid and is in force. According to the petitioner, thephotographs and thumb impression of the principal owner is necessary andthe relaxation for affixing photographs and thumb impression of principalowner completed by 31.1.2009 as per G.O.Ms.No.928 Revenue Departmentdated 1.8.2008 and further extension of six months beyond 31.1.2009 videG.O.Ms.No.844 Revenue (Registration-I) Department dated 18.8.2009 has completed by 31.7.2009. Since the said G.O. has been issued on18.8.2009, the relaxation for affixing finger prints and photographs of theprincipals would be expired by 18.2.2010. If the said document is notregistered, he would be put to irreparable loss and injury. According to thepetitioner, as noticed above, petitioner has been in possession andenjoyment of the subject property since 1990 without any interruption andwith the true knowledge of the owners of the said property. The transactiontook place long prior to the amendment of Section 22-A of Stamps andRegistration Act. There is no necessity of affixing photographs of principalswhen there is a GPA holder and the said GPA holder has executed saledeed in favour of petitioner and he is also ready to give affidavit stating thatthe GPA is in force. The GPA holder is also ready to affix his photographand finger prints.

Under those circumstances, without expressing any opinion on merits,the second respondent is directed to receive and process the documentpresented by the petitioner in accordance with the provisions of Stamps andRegistration Act, as amended by Act 19 of 2007, and take necessary stepswithin a period of two weeks from the date of receipt of the document. Incase, the document cannot be registered, the second respondent shallcommunicate the reasons for the same, within that period.

The writ petition is accordingly disposed of. No order as to costs.

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Date: 31.12.2009DA

C.V.RAMULU, J

THE HON’BLE SRI JUSTICE C.V.RAMULU

31.12.2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESHAT HYDERABAD

THE HON’BLE SRI JUSTICE C.V.RAMULU

W.P.No.29410 of 2009

Date: 31[st] December, 2009

Between:

Kollipara Pushpalata

And

Government of A.P., rep. by itsPrincipal Secretary, Revenue (Registration.I)Department, Secretariat, Hyderabad and another.

.. Petitioner

.. Respondents