Mandala Venkata Naga Vijay v. The State Andhra Pradesh Rep By Its Principal Secretary,

HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY , THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND FIFTEEN :PRESENT:

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO:22556 of 2015 AND WPMP 29122 OF 2015 Between:

Mandala Venkata Naga Vijay S/o. Late Mandala Durga Prasad ..... Petitioner(s) AND 1 The State Andhra Pradesh rep by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam. 3 The District Registrar, Visakhapatnam. 4 The Joint Sub Registrar - 38, Visakhapatnam .....Respondent(s) 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 or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ by declaring the action of the Respondents No.3 and 4 in rejecting to register the Sale Deed dated 15-04-2015 presented for registration in pending No.P148 /2015 as illegal and arbitrary, consequently direct the 4th Respondent to receive, register and release the Sale. Deed dated 15-04-2015 to be presented by the Petitioner.

WPMP NO. 29122 OF 2015:

Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased to direct the 4th Respondent to receive, register and release the Gift Deed dated 15-04-2015 to be presented by the Petitioner, pending disposal of WP No. 22556 of 2015 on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and made herein and upon hearing the arguments of MRS PULIPATI RADHIKA Advocate for the Petitioner and G.P for Stamps and Registration for the Respondents and the Court made the following.

Refusal endorsement is issued by the Sub-Registrar refusing to register the sale deed dated 15.04.2015 presented by the petitioner, which is given P.No.148 of 2015.

Though the said order is appealable, the present writ petition is filed

contending that the issue relating to T.S.Nos.1197 & 1027 of Waltair Ward, Dibbapalem Village of Visakhapatnam Municipality along with T.S.No.971/1 and T.S.No.971/2 were subject matter of W.P.Nos.21487 and 21493 of 2000. Both the said writ petitions were allowed setting aside the impugned proceedings therein on 11.09.2009, where the title of the petitioners therein was found confirmed by the civil court.

Learned counsel also points out that the SLP against the said judgment was dismissed by the Hon'ble Supreme Court and the curative petition filed thereof was also not numbered as it was found defective and was accordingly lodged as per orders of the Registrar, Supreme Court of India dated 13.09.2013. Copy of the said orders are produced to contend that it is no more open for the respondents to claim the said property as the Government property. Consequently, the refusal endorsement is not sustainable.

Though the writ petition was adjourned on three occasions, no instructions are received by the learned government pleader. Hence, rule nisi. Call for records.

Notice returnable in four weeks.

There shall be interim direction as prayed for. However, any registration made shall be subject to the result of the writ petition. SD/- R. VENKATA LAKSHMI ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The State Andhra Pradesh rep by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad. 2 The District Collector, Visakhapatnam. 3 The District Registrar, Visakhapatnam. 4 The Joint Sub Registrar - 38, Visakhapatnam Sl No. 1 to 4 by RPAD 5 One CC to Smt PULIPATI RADHIKA, Advocate (OPUC) 6 Two Spare Copies.

Avs HIGH COURT VVAJ DATED: 28-07-2015

WP NO. 22556 OF 2015 IN WPMP NO. 29122 OF 2015 INTERIM DIRECTION Avs Dated: 29.07.2015 HIGH COURT VVAJ

DATED: 28-07-2015 WP NO. 22556 OF 2015 IN WPMP NO. 23131 OF 2015 INTERIM DIRECTION