Citation : 2021 Latest Caselaw 450 AP
Judgement Date : 29 January, 2021
THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.2004 of 2021
ORDER:
This writ petition is filed to issue a Writ of Mandamus declaring the
impugned refusal order of the 2nd respondent refusing to register the sale
deed presented by the petitioners which was assigned pending document
No.47 of 2019, with reference to house bearing No.7/455-B-6
admeasuring 158.43 Square yards in Plot No.45 in Sy.No.684/1 of New
Krishnanagar, Railway Kodur Town & Mandal, Kadapa District, vide
proceedings No.13 of 2019 dated 13.09.2019 as illegal, null & void and
contrary to the judgments of this Court.
Heard learned counsel for the petitioners and learned Assistant
Government Pleader for Registration and Stamps appearing for the
respondents.
Learned counsel for the petitioners submits that by the impugned
orders of refusal, the 2nd respondent refused registration of pending
document No.47 of 2019 on the ground that the subject property is
covered by injunction order passed in CRPMP.No.1546 of 2012 in
CRP.No.1147 of 2012 and in terms of S.O.219 of A.P Registration Manual
Part-II (as amended by G.O.Ms.No.620 Revenue (Regn.I) Department
dated 28.09.2002 read with G.O.Ms.No.497 Revenue (Regn.I) Department
dated 07.04.2003.
Though the learned counsel has taken this Court to the injunction
orders passed in CRPMP.No.1546 of 2012 in CRP.No.1147 of 2012, the
vendors of the petitioners were not parties to the said proceedings.
Since the issue involved in this writ petition is covered by the order
dated 10.02.2020 passed in WP.No.2789 of 2020, following the same and
for the reasons recorded therein, the Writ Petition is allowed setting aside
the impugned refusal orders of the 2nd respondent vide proceedings No.13
of 2019, dated 13.09.2019, in respect of the petitioners' pending
document No.47 of 2019 and the 2nd respondent is directed to receive,
process, register and release, as per law, the document in respect of the
subject property of the petitioner, within a period of four (4) weeks from
the date of receipt of a copy of this order. There shall be no order as to
costs.
As a sequel, pending miscellaneous applications, if any, shall stand
closed.
__________________ JUSTICE M.GANGA RAO
29.01.2021 Vjl
THE HON'BLE SRI JUSTICE M.GANGA RAO
Writ Petition No.2004 of 2021
29-01-2021
Vjl
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