S. AMBIKA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This intra Court appeal is filed under Clause-15 of letters patent challenging the order dtd. 1/9/2022 passed in W.P.No.19512/2019 by learned single Judge, while dismissing the writ petition leaving open to the parties to pursue their legal remedies.

(2.) The petitioners' case is that they are the legal representatives (LRs) of one Perumallu Nadar who was the absolute owner of the subject land property and some other properties. The said Perumallu Nadar died on 15/12/1978 leaving behind the petitioners as his successors to his properties.

(3.) Respondent No.4 filed counter and opposed the writ petition on the main contention that as per the sale deed bearing No.685/1976, dtd. 27/7/1975 which was registered in the office of the District Registrar, Nellore on 5/4/1976, the unofficial respondent No.6 has purchased an extent of Ac.3.44 cents consisting of Rice Mill etc., from S.R. Perumallu Nadar, the ancestor of the petitioners and some others and as per Sec. 22-B of the Registration Act, no registering office shall accept for registration any document relating to the sale of any immovable property, if the property comprised therein has already been conveyed or permanently alienated by same person or his representatives, assignee or agent in favour of any other person by a registered document unless the previous registered document is cancelled by order of a Court. In view of statutory bar enacted under Sec. 22-B of the Registration Act, the partition deed dtd. 26/7/2019 presented by the petitioners was rejected by the 5th respondent by the refusal order No.22/2019, dtd. 13/8/2019.