Citation : 2021 Latest Caselaw 2529 AP
Judgement Date : 22 July, 2021
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO.: W.P.No.12681 of 2021
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
22.07.2021 MSM, J
2.
W.P.No.12681 of 2021
Rule nisi. Call for records.
Notice returnable in four weeks.
________
MSM, J
I.A.No.1 OF 2021
The petitioner sought an interim direction
against the 4th respondent to receive, register
and release the document presented by this petitioner and having his property in Survey No.242 of Ward No.13, Tiruchanuru Village, Tirupathi Rural Mandal, Tiruchanur Group, Chittoor District admeasuring an extent of 200 ankanams (800 square yards) without reference to the proceedings of the 2nd respondent in Lr.in RC.No.M1/9580/2016, dated 05.07.2016 pending disposal of the writ petition, basing on the judgment in Civil Appeal No.4019 of 2018 and batch Siri Nivasam Mutual Aided House Building Society Ltd and others vs. State of Andhra Pradesh and others of the Hon'ble Supreme Court, the apex Court ordered the registration as follows:
"It is ordered that the registration already permitted by this Court shall be treated as a provisional registration subject to the result of the writ petitions now pending before the High Court. We make it clear that merely because a provisional registration has been permitted, the
parties shall not claim any additional equity. We further make it clear that without express permission from the High Court, there shall be no further transfer. In order to avoid further difficulty to the similarly situated people, we make it clear that it will be open to them to approach the High Court and seek appropriate and similar interim orders regarding transfers during the pendency of the writ petitions."
Taking advantage of the last sentence of the direction issued by the Court, the counsel appearing for the petitioner, Sri Gopala Krishnan, requests to issue a similar direction. A direction issued by the Hon'ble Supreme Court is binding on the Court and also officials in the State. When the Hon'ble Supreme Court directed similarly situated persons can approach this Court and obtain a similar order, therefore, in view of the direction, the petitioner approached this Court to seek same relief.
Hence, there shall be an interim direction as follows:
It is ordered that the registration already permitted by this Court shall be treated as a provisional registration subject to the result of the writ petition now pending before the High Court. It is made clear that merely because a provisional registration has been permitted, the parties shall not claim any additional equity. It is further made clear that without express permission from the High Court, there shall be no further transfer.
________ MSM, J SPP
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