1
THE HON'BLE SRI JUSTICE A.V. SESHA SAI
&
THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
W.A. No. 795 OF 2022
JUDGMENT:(per A.V. Sesha Sai, J)
Heard Sri Tata Singaiah Goud, learned counsel for the
Writ Appellant, Sri E.V.V.S. Ravi Kumar, learned counsel for
respondent No.1, Sri Subash, learned Government Pleader for
Registration and Stamps for respondent Nos.2 to 4 and Sri V. Maheswara Reddy, learned Government Pleader for Home for Respondent No.5.
The respondent No.5 in W.P.No.11407 of 2021 is the appellant in the present Writ Appeal filed under Clause 15 of Letter Patent. Challenge in the present Appeal is to the order, dated 25.07.2022 passed by the learned Single Judge in the above Writ Petition.
By way of impugned order, learned Single Judge allowed the Writ Petition filed by the first respondent herein in terms of earlier order passed by this Court in W.P.No.16312 of 2020, dated 20.10.2020. The 1st respondent herein filed Writ Petition, assailing the letter bearing C.No.04/CR/SDO-E/2021, dated 05.05.2021 of the of the Sub-Divisional Police Officer, Eluru Sub-Division, Eluru, addressed to the Sub-Registrar Eluru. In 2 the said letter dated 05.05.2021, the Sub-Divisional Police Officer made a request to the registering authority to stop further transactions in respect of the subject property. In the above background, challenging its validity, the Writ Petition came to be instituted by the first respondent herein.
It is absolutely not in controversy that the Sub-Divisional Police Officer addressed the said letter dated 05.05.2021 to the registering authorities on the complaint made by the appellant herein. It is also not in dispute that the Writ Appellant/5th respondent in the Writ Petition contested the Writ Petition and also filed a counter affidavit, denying the averments made in the affidavit filed in support of the Writ Petition and in the direction of justifying the action impugned in the Writ Petition. A copy of the counter affidavit filed by the 5th respondent in the Writ Petition/ Appellant herein is placed on record along with the present Writ Appeal as a material paper. A perusal of the said counter affidavit manifestly discloses that the said counter affidavit referred to various issues, including registration of crimes and the pendency of proceedings before the Debt Recovery Tribunal, Visakhapatnam. A perusal of the order passed by the learned Single Judge shows that the averments and various issues in the said counter affidavit were not taken 3 into consideration. According to the learned counsel for the Writ Appellant, had the contents of the counter been taken into consideration, the order impugned in the Writ Appeal would not have emanated. In this factual scenario, this Court deems it appropriate to remand the matter for fresh consideration of the issues, after considering the counter affidavits of all the respondents, including the 5th respondent in the Writ Petition/Appellant herein.
For the aforesaid reasons, Writ Appeal is allowed, setting aside the order, dated 25.07.2022 passed in W.P.No.11407 of 2021 and the said Writ Petition stands restored to the file for consideration of the Writ Petition after taking account the counter affidavits filed by the respondents in the Writ Petition.
Registry shall post the Writ Petition next week before the learned Single Judge holding the provision as per the roster.
Miscellaneous petitions, if any, pending in this case, shall stand closed.
__________________ A.V. SESHA SAI, J ____________________________ DUPPALA VENKATA RAMANA Date: 21.10.2022 Ks 4 THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA W.A. No.795 OF 2022 (per A.V. Sesha Sai, J) Date: 21.10.2022 Ks