M Raja Reddy vs The State Of Ap
2021 Latest Caselaw 2649 AP

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

TUESDAY, THE TWENTY SEVENTH DAY OF JULY
TWO THOUSAND AND TWENTY ONE
: PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY

[A No. 1 OF 2021
IN
WP NO: 14425 OF 2021
Between:
1. M Raja Reddy, S/o Late M Thomas Reddy aged 56 years R/o D.No.74/45-10-1 Il
Road Vijayadurga Officers Colony Kadapa City
2. Mareddy Viswa Bharathi, W/o Mareddy Rayupu Reddy D.No.75/43-2, Durga
Colony Kadapa
3. Naru Usha Rani, W/o Lakshmana Rao aged 50 years D. No. 39/431-1-10,
Vivenkananda Nagar Chinna Chowk kadapa City
4, Thummaluru Anand Rao, S/o T Sundraiah, D.No.95-6, SBI Colony Akkayapalli
Kadapa
.. Writ Petitioners
(Petitioner in WP 14425 OF 2021
on the file of High Court)
AND
1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue
Department, Secretariat, Velagapudi, Amaravathi, Guntur District
2. The Director and Inspector General, Stamps and Registration Department,
Government of Andhra Pradesh, Vijayawada
3. The District Registrar, Registration Department, Kadapa
4. The Sub-Registrar, Kadapa Rural, Kadapa
. Respondents:
(Respondents in-do-)

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to DIRECT the
4" Respondent herein to receive, entertain, register and release the Documents
presented by the Petitioners herein for Registration with respect of Plot Nos. 104, 35,
106, 112 in Sy.No.3i3/1, 319/1A, 3I3/B, 343/1C and 313/1D of Tadigotla Village Lands,
Chintha Komma Dinne Mandal, Kadapa District, viz, VMR Homes, pending disposal of
WP No.14425 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of SRI G RAMESH BABU
Advocate for the Petitioners and of GP FOR REGISTRATION AND STAMPS for the
Respondents, the Court made the following
ORDER:

"This application is filed seeking direction against the 4" respondent to receive, register and release the documents presented by the petitioners with respect to Plot Nos.104, 35, 106, 112 in Sy.No.313/1, 313/1A, 313/1B, 313/1C and 303/1D of Tadigotla Village Lands, Chintha Komma Dinne Mandal, Kadapa District, viz., VMR Homes.

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 shail 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 petitioners, Sri G.Ramesh Babu, requested to issue a similar direction. A direction 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 petitioners approached this Court to seek same relief.

Hence, the 4" respondent is directed to receive and register the documents provisionally, submitted by the petitioners 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 be no further transfer.

Accordingly, an interim direction is issued as claimed hy the petitioners".

SDI-K.TATA RAO ASSISTANT.;REGISTRAR HTRUE COPY// ae For ASSISTANT REGISTRAR To,

1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District

The Director and Inspector General, Stamps and Registration Department, Government of Andhra Pradesh, Vijayawada

The District Registrar, Registration Department, Kadapa

The Sub-Registrar, Kadapa Rural, Kadapa (Addresses 1 to 4 by RPAD)

One CC to SRI G RAMESH BABU Advocate [OPUC]

Two CCs to GP FOR REGISTRATION AND STAMPS, High Court of Andhra Pradesh. [OUT]

One spare copy

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HIGH COURT

MSMJ

DATED:27/07/2021

ORDER

IA.NO.1 OF 2021 IN WP.No.14425 of 2021

DIRECTION