Telangana High Court

WP/39030/2013 of T.Jayarami Reddy, Vs The Government of Andhra Pradesh, on 31 December 2013

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND THIRTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39030 of 2013 Between: T. Jayarami Reddy .. Petitioner AND The Government of Andhra Pradesh, Rep. by its

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD

TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWOTHOUSAND AND THIRTEEN

Present

Between:

T. Jayarami Reddy

.. Petitioner

AND

The Government of Andhra Pradesh,Rep. by its Commissioner,Endowments Department,Hyderabad & another

.. Respondents

The Court made the following:

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ORDER:

This writ petition, under Article 226 of the Constitution ofIndia, is filed seeking the following reliefs:

(1) To declare the action of the first respondent inissuing the letter in Rc.No.N1/27520/2009, dated 19.04.2010,basing on which the proceedings issued by the 2[nd] respondent,dated 11.12.2013, stating that house bearing No.6-1-252 (inT.S.Nos.27 and 28 of Tirupati Village, Tirupati Mandal, ChittoorDistrict) situated in Varadaraja Nagar, K.T. Road, Tirupati,Chittoor District, is prohibited for registration, as arbitrary,illegal and unconstitutional

(2) Consequently direct the 2[nd] respondent to entertainand process the Lease Agreement to be submitted by thepetitioner in respect of the subject house.

2. Heard Sri T. Nagarjuna Reddy, learned counsel for thepetitioner and the learned Government Pleader for Revenue forthe respondents.

3. When the matter is taken up for admission today, it isrepresented by the learned counsel for the petitioner as well as the learned Government Pleader that the question involved inthis writ petition is no longer res integra and is covered by thejudgment of this Court in Pasuparthi Jayaram V. Government of Andhra Pradesh[[1]], wherein this Court considered thevalidity of the same impugned letter dated 19.04.2010 issued bythe Commissioner, Endowments Department, Andhra Pradesh.

4. Following the above said judgment, this Writ Petition isallowed setting aside the impugned letter inRc.No.N1/27520/2009, dated 19.04.2010, issued by the firstrespondent herein and directing the 2[nd] respondent to receiveand process the document presented by the petitioner inrespect of the house bearing No.6-1-252 (in T.S.Nos.27 and 28of Tirupati Village, Tirupati Mandal, Chittoor District) situated inVaradaraja Nagar, K.T. Road, Tirupati, Chittoor District, withoutreference to the said letter, dated 19.04.2010. It is made clearthat in the event the document presented is found to fulfil therequirements of the Registration Act, 1908 and the Indian StampAct, 1899, the 2[nd] respondent shall complete the registrationformalities and release the document in accordance with thedue procedure. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shallstand closed.

_________________

P.NAVEEN RAO, J

Date: 31[st] December, 2013

KL

Date: 31[st] December, 2013

KL

[1]2013 (4) ALT 541

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