High Court for State of TelanganaWP/16212/2015allowed no costs

P. Venkatamuni Reddy, v. The State Of Andhra Pradesh,

2015-06-16Sanjay Kumar3 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16212 of 2015 Date:16.06.2015 Between:

P.Venkatamuni Reddy and others.

.... Petitioners And The State of Andhra Pradesh rep. by its Principal Secretary, Revenue (Stamps & Registration) Department, Hyderabad and others.

... Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.16212 of 2015 ORDER:

The grievance of the petitioners is with regard to the action of the Registration Authorities in not receiving and registering the documents presented by them for registration relating to certain lands in Survey No.13 of Avilala Village, Thirupathi Rural Mandal, Chittoor District. This refusal is stated to be based on the letter dated 19.04.2010 addressed to the Registration Authorities by the Commissioner of

Endowments, Andhra Pradesh.

This letter fell for consideration before this Court in Pasuparthi Jayaram v. The Government of Andhra Pradesh and it was held that the Commissioner of Endowments, Andhra Pradesh had no jurisdiction to create a prohibition as to registration of documents under Section 22-A(1)(c) of the Registration Act, 1908 through mere communication of a list of properties by way of a letter stating that the same allegedly belong to a temple or a religious institution. For reasons alike as were mentioned in the aforestated judgment, this writ petition is allowed. There shall be a consequential direction to the Joint SubRegistrar, Tirupathi, to receive and process the documents presented by the petitioners relating to the subject lands without reference to the letter dated 19.04.2010.

In the event the documents presented are found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Joint Sub-Registrar-1, Tirupathi, shall complete the registration formalities and release the documents in accordance with the due procedure. Pending Miscellaneous Petitions shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J Date: 16.06.2015 GJ