Citation : 2021 Latest Caselaw 2609 AP
Judgement Date : 26 July, 2021
HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI
MAIN CASE No: W.P.No.14105 of 2021
PROCEEDING SHEET
Sl. OFFICE
DATE ORDER
No. NOTE
26.07.2021 MSM,J
W.P.No.14105 of 2021
Learned Assistant Government Pleader
for Registration and Revenue seeks time to file
counter, post after four (04) weeks.
________
MSM,J
I.A.No.1 OF 2021
This application is filed seeking direction
against the 5th respondent to receive, register
and release the document presented by this petitioner for the land in an extent of Ac. 9.33 cents situated in Sy.No. 307/4 of Venkatagiri Revenue Village, Venkatagiri Mandal, Gudur Division, SPSR Nellore District.
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 Suresh Kumar Reddy Kalava, requested to issue a similar direction. A decision issued by the Hon'ble Supreme Court is not binding on this Court and also officials in the State, but as the Hon'ble Supreme Court directed similarly situated personnel can approach this Court and obtain a similar order. Therefore, in view of the same, the petitioner approached this Court to seek same relief.
Hence, the 5th respondent is directed to receive and register the document provisionally, submitted by the petitioner and release the same. Such registration shall be treated as provisional registration, subject to result of the present writ petition. As provisional registration is permitted by this Court, the parties shall not claim additional equity, while making it clear without express permission from the High Court there shall not further transfer.
Accordingly, an interim direction is issued as claimed by the petitioner.
________ MSM,J KK
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