2025:APHC:18361

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

****

WRIT PETITION NO: 42457/2017

VALLURU SIVA PRASAD, S/O. LATE VALIUM BABU RAO,, OCC: BUSINESS, R/O. D.NO. 8-3-276, 8TH LANE,

BUCHAIAH THOTA, GUNTUR CITY, GUNTUR DISTRICT.

… PETITIONER

Versus

THE DISTRICT REGISTRAR REGISTRATION STAMPS GUNTUR, GUNTUR CITY, GUNTUR DISTRICT. (FOR

REGISTRATION OF ALIENATION DEEDS) AND OTHERS

… RESPONDENTS

DATE OF ORDER PRONOUNCED : 06.05.2025

SUBMITTED FOR APPROVAL:

HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

1. Whether Reporters of Local Newspapers

may be allowed to see the order? : Yes/No

2. Whether the copy of order may be

marked to Law Reporters/Journals? : Yes/No

3. Whether His Lordship wish to

see the fair copy of the order? : Yes/No

_____________________ SUBBA REDDY SATTI, J

* HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 42457 / 2017 % 06.05.2025 Writ Petition No. 42457 OF 2017 VALLURU SIVA PRASAD, S/O. LATE VALIUM BABU RAO,, OCC: BUSINESS, R/O. D.NO. 8-3-276, 8TH LANE, BUCHAIAH THOTA, GUNTUR CITY, GUNTUR DISTRICT.

… PETITIONER Versus THE DISTRICT REGISTRAR REGISTRATION STAMPS GUNTUR, GUNTUR CITY, GUNTUR DISTRICT. (FOR REGISTRATION OF ALIENATION DEEDS) AND OTHERS … RESPONDENTS ! Counsel for Petitioner s : Sri K. Sridhar ^ Counsel for Respondents : GP for Assignment; GP for Revenue, Sri Khaja Basha, Standing counsel Gist:

> Head Note:

? Cases referred:

1) 2024 Supreme (AP) 1069

2) AIR 1968 SC 1196 3) (2019) 13 SCC 42

4) (2003) 10 SCC 578

5) (2007) 8 SCC15 6) AIR 1953 SC 65

7) 2004 SCC OnLine Bom 204

8) (2014) 4 SCC 434 9) (2022) 7 SCC 508 10) 2016 (2) ALD 236 11) 2001 (1) SCC 582 12) AIR 1974 SC 130 This Court made the following:

APHC010961372017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 42457 /2017 Between:

Valluri Siva Prasad ...PETITIONER(S)

AND The State Of Andhra Pradesh Rep By Its Principal ...RESPONDENT(S)

Secretary and Others Counsel for the Petitioner(S):

1. K. SRIDHAR Counsel for the Respondent(S):

1. GP FOR ASSIGNMENT (AP)

2. GP FOR REVENUE (AP)

3. SHAIK KHAJA BASHA The Court made the following:

::ORDER::

Impugning the proceedings issued by respondent No.3 vide proceedings in Rc.No.1104/2005/E4 dated 29.10.2007 to respondent No.1, to prohibit the registration of documents relating to transfer of property of an extent of Ac.11-38 cents in survey No.508 and an extent of Ac.4-00 cents in survey No.509, in pursuance of the list published by respondent No.2, under Gazette Serial No.874 dated 28.06.1962, the above writ petition is filed.

2. The averments, in brief, in the affidavit, are that the petitioner owns the property admeasuring 313.3 square yards in D.No.508 of Vasavi Nagar, Guntur. The land of an extent of Ac. 2-00 cets, in survey No.508 belonged to Sri Ch. Suryanarayana, who purchased the same under a registered document bearing No.2852/1946 dated 16.10.1946. After Sri Suryanarayana's lifetime, his wife Manikyamma enjoyed the property and later gifted it to her daughter Ch. Padmavathi vide registered gift deed dated 04.06.1964. Smt. Padmavathi, converted Ac.2-00 cts into house plots and sold to different individuals, after obtaining permission from Urban Land Ceiling (ULC)

authorities.

b) The Andhra Pradesh State Wakf Board (respondent No.2) filed suit O.S.No.129 of 1967 against Smt. Cherukuri Manikyamma and others for recovery of possession of the property in survey Nos.508 (Ac.2-00 cts) and 509 (Ac.4-00 Cts). The said suit was dismissed by the Sub-ordinate Judge, Guntur, on 30.11.1972. Against the said judgment, plaintiff/respondent No.2 filed an appeal A.S. No.164 of 1972, and the defendant No.5, (R4 in appeal) filed cross objections on the file of the II Additional District Judge, Guntur. The first appellate Court dismissed the appeal in respect of item No.1 of the suit schedule property i.e. Ac.2-00 cts in S.No. 508 and allowed the appeal in respect of item No.2 i.e.