Telangana High Court
WP/24797/2004 of K.Ranga Swami, Vs The Government of Andhra Pradesh, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.24797 of 2004 Between: K. Ranga Swami, s/o late K.A.S.Rao, r/o D.No.6-1-340/B, Padmarao
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI JUSTICE N.V. RAMANAWRIT PETITION NO.24797 of 2004
Between:
K. Ranga Swami, s/o late K.A.S.Rao,
r/o D.No.6-1-340/B, Padmarao Nagar, Secunderabad-35.
AND
..... PETITIONER
1 The Government of Andhra Pradesh, rep., by its Registrar of Assurances, Hyderabad.
2 The Sub-Registrar of Assurances, Government of Andhra Pradesh, Kavadiguda, Secunderabad.
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court may be pleased toissue an appropriate Writ, order or direction more in the nature of Writ of Mandamus,declaring the action of the respondents in not disposing of representation dated 15-12-2004 made by the petitioner to furnish the details of the Court to which theVolume was sent wherein the certified documents sought by the petitioner, one wayor the other as being illegal, arbitrary and violative of Articles 14, 21 & 300-A of theConstitution of India, apart from the principles of natural justice.
Counsel for the Petitioner: MR.BIRUJUPAPA REDDY
Counsel for the Respondents: GP FOR REVENUE
The Court, at the admission stage, made the following:
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ORDER:
This writ petition is filed seeking a Mandamus to declare the action of therespondents in not disposing of the representation dated 15.12.2004 made by thepetitioner seeking to furnish the details of the Court to which the certified documentssought by him were sent as illegal and arbitrary.
The case of the petitioner is that his father late Sri K.A.S. Rao has executed aregistered Will vide document Nos.40 and 41 of 1998 on the file of the 2[nd]respondent-Sub Registrar of Assurances giving the details of shares of theproperties that were acquired by him and in the joint family properties. It is stated thatas the petitioner recently came to know that some of his co-parceners are inpossession of more than their shares as per the said document, he made arepresentation dated 01.10.2004 before the 2[nd] respondent seeking to furnishcertified copies of the documents executed by his late father and the 2[nd] respondentthrough his proceedings dated 04.10.2004 informed him that the volume, in whichthe certified copies of documents sought by the petitioner, was produced before theCourt. It is further stated that on receipt of said proceedings the petitioner personallyapproached the 2[nd] respondent and requested him to furnish the details of the Courtas well the case number so as to enable him to obtain the required documents fromthe Court itself, but the 2[nd] respondent assured that he would take steps to get backthe said record. The grievance of the petitioner is that since the 2[nd] respondent hasnot taken any steps in the matter he again made a representation dated 15.12.2004before the 2[nd] respondent, in vain. Hence he filed the present writ petition.
Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed to dispose of the writ petition at the admission stage.
Since the representation of the petitioner dated 15.12.2004 is said to be pendingconsideration before the 2[nd] respondent-Sub Registrar of Assurances, without goinginto the merits of the matter, I deem it appropriate to dispose of the writ petition with adirection to the 2[nd] respondent-Sub Registrar of Assurances to consider the sameand pass appropriate orders thereon in accordance with law within a period of tendays from the date of receipt of a copy of this order.
With the above direction, the writ petition is disposed of at the admission stage. Nocosts.
Date: 30.12.2004Nsr/Tvk
________________(N.V. RAMANA, J)
..... REGISTRAR
// TRUE COPY //
SECTION OFFICER
To
1 The Registrar of Assurances, Government of Andhra Pradesh, Hyderabad.
Conclusion
2 The Sub-Registrar of Assurances, Government of Andhra Pradesh, Kavadiguda, Secunderabad. Kavadiguda, Secunderabad.
3 Two CCs to GP for Revenue, High Court of AP, Hyderabad (OUT)
4 Two CD copies.