N. Sakunthala, v. State Of A.P.,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE S.V.BHATT W.P.No. 2310 of 2015 Between:

1 N. Sakunthala, W/o N. Mohan, 2 N. Vasudha, W/o N. Dhananjayulu Petitioners AND 1 State of A.P., rep. by its Prl. Secretary, Revenue (Stamps & Registration) Department, A.P. Secretariat, Hyderabad. 2 The District Registrar, Balaji Registration District, Tirupati, Chittoor District.

3 The Sub-Registrar, Tirupati Urban, Tirupati, Chittoor District. 4 The Joint Collector cum Settlement Officer, Chittoor District, Chittoor. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction, (1) declaring the action of the respondents 2 and 3 in refusing to register the document submitted on 20.1.2010 relate to the land situated in Sy.No.115/5 and 115/6 to an extent of 171.11 Sq.yards situated at No.9 Akkarampalli village, Tirupati Urban Mandal, Chittoor district as illegal and arbitrary, (2) declare the action of the 3rd respondent in keeping the document pending registration vide Document No.232/2010, dt. 20.1.

2010 as illegal and contrary to the provisions of Registration Act and (3) declare the Proceedings vide Ref.No.F6/14007/2010, dated 23.10.2010 issued by the 4th respondent as illegal and beyond competence of the 4th respondent and consequently direct the respondents to register and release the document relate to the land situated in Sy.No.115/5 and 115/6 to an extent of 171.11 Sq.yards situated at No.9 Akkarampalli village, Tirupati Urban Mandal, Chittoor district, which is kept pending registration vide Document No.232/2010, dt. 20-1-2010.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein, and the order of the High Court, dated 01.05.2015 made herein, and upon hearing the arguments of Sri. N. Subba Rao Advocate for the Petitioners and the G.P. for Revenue (A.P.), for the Respondents, the Court made the following:

ORDER:

Pursuant to the order dated 16.04.2015, the 4th respondent is present in the Court.

The 4th respondent through Government Pleader informs the Court that the delay either in producing the record or filing the counter affidavit is on account of incomplete description available in the letter dated 23.10.2010.

It is further informed that all steps ill be taken to examine the issue and counter affidavit is filed.

The presence of 4th respondent is dispensed with for the present. Post on 05.06.2015 for counter and production of records. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To

1. The Principal Secretary, Revenue (Stamps & Registration) Department, A.P., State of A.P., Secretariat, Hyderabad.

2. The District Registrar, Balaji Registration District, Tirupati, Chittoor District.

3. The Sub-Registrar, Tirupati Urban, Tirupati, Chittoor District.

4. The Joint Collector cum Settlement Officer, Chittoor District, Chittoor. (1 to 4 BY RPAD)

5. Two CCs to G.P. for Revenue (AP), High Court at Hyderabad (OUT)

6. Two CCs to Sri. N. Subba Rao, Advocate (OPUC)

7. One Spare copy SRL

HIGH COURT SVBJ DT. 01-05-2015

ORDER

W.P.NO.2310 OF 2015 DIRECTION Drafted by: SRL Drafted on: 06-05-2015 HIGH COURT SVBJ

DT. 06-05-2015

ORDER

W.P.NO.2310 OF 2015 DIRECTION