Andhra Pradesh High Court
WP/31164/2021 of M/s. Shri Sreya Kushal Infrastructure Private Ltd., Vs The State of Andhra Pradesh, on 31 December 2021
SRI JUSTICE A.V.SESHA SAI WRIT PETITION NO.31193 OF 2021 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
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ORDER:
WRIT PETITION NO.31193 OF 2021
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of respondent No.3 in refusing to entertain the Sale Deed for Registration for the land in an extant of Ac.0.39 Cents in Sy.No.492/6, Ac.0.06 cents in Sy.No.492/7, Ac.0.08 Cents in Sy.No.499/4b, Ac.1.24 Cents in Sy.No.499/6, Ac.1.52 Cents in Sy.No.501/1, Ac.1.52 Cents in Sy.No.498/5B, Ac.5.76 Cents in Sy.No.88 of V-Kota Village fields, V-Kota Mandal, Chittoor District, stating that the same is the subject property of O.S.No.100 of 2018 on the file of the Court of the VI Addl.District Judge, Chittoor as arbitrary, illegal, contrary to the provisions of the Registration Act, 1908 and settled principes of legal position apart from being violative of the fundamental and Constitutional rights guaranteed to us under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent No.3 to entertain the Sale Deed for registration for the land in an extent of Ac.0.39 Cents in Sy.No.492/6, Ac.0.06 cents in Sy.No.492/7, Ac.0.08 Cents in Sy.No.499/4b, Ac.1.24 Cents in Sy.No.499/6, Ac.1.52 Cents in Sy.No.501/1, Ac.1.52 Cents in Sy.No.498/5B, Ac.5.76 Cents in Sy.No.88 of V-Kota Village fields V-Kota Mandal, Chittoor District and register the same and to pass such other order or orders..”
Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to receive and register the document(s) presented by the petitioners.
Learned Assistant Government Pleader for Stamps and Registration readily agreed to receive and process the document presented by the petitioners, in accordance with law.
In view of the above, respondents are directed to receive and process the document submitted by the petitioners, in accordance with law. In case the instrument presented cannot be registered, the Registrar shall pass reasoned order as mandated under Section 71 of the Registration Act, as it is appealable under Section 72 of the Registration Act.
With the above direction, writ petition is disposed of. No costs.
Consequently, miscellaneous petitions pending, if any, shall also stand closed.
_________________________ JUSTICE A.V.SESHA SAI
Date: 31.12.2021
PGT
THE HON’BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION NO.31193 OF 2021
Date: 31.12.2021
PGT