A.S.Radha Krishan v. The Staqte Of A.P., Rep. By Its Chief Controlling Revenue

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 06.11.2017 Between:

A.S.Radha Krishna, s/o. late A.s.Subramanyam, Aged about 77 years, r./o. D.No.5/3/77, Bhujanga Rao Street, Kadapa City and district and another. .....Petitioners and The State of Andhra Pradesh, rep.by its Chief Controlling Revenue Authority and Commissioner And Inspector General of Stamps, A.P., Musheerabad, Hyderabad and others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

This writ petition is filed praying to grant the following relief: "to issue an appropriate order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent herein in refusing to receive and register the Sale Deeds for the lands in an extent of Ac. 70.00 cents in Sy.Nos.11/10C, 11/4, 11/5, 1/20C, 1/6, 1/9, 1/10, 1/22B, 1/20D, 1/14C and 1/22C of Anantharajapuram Village, Rajampet Taluq, Kadapa District at the instance of the 3rd respondent herein as arbitrary, illegal, contrary to the provisions of the Registration Act, 1908, settled principles of legal position and violative of the Fundamental and Constitution Rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent to entertain the Sale Deeds and register the same..."

2.

When the matter is taken up for consideration, learned counsel for petitioners submits that both petitioners died. Learned counsel fairly submits that so far no steps are taken for brining the LRs on record.

3.

It appears, prima facie, from the reading of contents in the affidavit filed in support of writ petition, petitioners sought to present the document for registration. Admittedly, those two petitioners, who wanted to present the deed of conveyance for registration, are no more and, therefore, dead persons as parties, there cannot be registration of the document at this stage. Therefore, no such direction can be granted. Since petitioners died, writ petition is dismissed as abated. It is needless to observe

that if legal heirs have any subsisting claim on the issue, it is always open to prosecute the issue.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 06.11.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 06.11.2017 kkm