B. VIMALA ADILAKSHMI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus declaring the action of the respondents Nos.4 and 5 in not registering the sale deed with respect to 18.66 sq yards site and RCC roof building bearing No.53-33-9/B Assessment No. 41368/B 1st floor, (30x15.5) 465 Sq.ft property only, as illegal and arbitrary and consequently direct the respondents to receive and registered the document.

(2.) Brief facts of the case are that, originally house site admeasuring 56 sq.yds belong to one V. Maraiah. The said land was zeroythi land in Patta No.240, Sy.No.6. The said land was purchased by K. Rami Naidu, his brothers and sons in the year 1971. K. Rami Naidu and his brothers sold the property to one Gujju Papamma under registered sale deed bearing Document No.647/1975 dated 22.01.1975 registered in the office of Joint SubRegistrar, Visakhapatnam. Gujju Papamma partitioned the land between her sons Gujju Nageswara Reddy and Gujju Ramana Murthy under registered partition deed bearing Document No.4558 of 2004 dated 19.10.2004.

(3.) Since then, sons of Gujju Papamma are enjoying their respective shares in the land. Subsequently, Gujju Ramana Murthy sold his share of house under registered sale deed bearing Document No.4334/2011 dated 11.08.2011 to one Philips Amantha Venkata Satya Surya Bhavani (for brevity 'Amantha Bhavani'). Since the date of purchase, Amantha Bhavani was in peaceful possession and enjoyment of the property by paying property tax to the Municipal Corporation and electricity consumption charges to APEPDCL.