Yarragunda Lakshmi Devi, vs State Of Andhra Pradesh,
2021 Latest Caselaw 2650 AP

IN THE HIGH COURT OF ANDHRA PRADESH AT 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 ES
IN i:
WP NO: 13933 OF 2021 ir

Between:

Yarragunda Lakshmi Devi, Wife of Rami reddy, aged about 60 years,
Rathavaripalli Village, Tanakallu Post and village, Ananthapur District, AP. -

Rep. by her GPA

1. K.P. Srinivasa Reddy, son of YV Krishna Reddy(late), aged 49 years, R/o. K
Pathuru village Kaspa, Rayalapadu Hobli, Kurigapalli Post, Srinivasapuram
Taluk, Kolar District, Karnataka State.

2. S.V. Siva Reddy, son of Venkata Swamy, aged 53 years, R/o Maruthi Nagar,
Srinivasapuram post and Town, Srinivasapuram Taluk, Kolar District, Karnataka
State,

. Petitioner/s.
AND

1. State of Andhra Pradesh, Represented by its Principal secretary, (Revenue)
(Registration and Stamps) Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.

2. District Collector, Chitoor, Chitoor District.
3. Revenue Divisional Officer, Madanapalli Division, Chittoor District.
4. Jahasildar, Madanapalli Mandal, Madanapalli, Chittoor District.
5. District Registrar, Registration and Stamps Department, Chitoor District, Chitoor.
6. Sub-Registrar, Registration and Stamps Department, Madanapalli Village and
Mandal, Chitoor District.
...Respondent/s.
Counsel for the Petitioner : Sri M CHALAPATI RAO
Counsel for the Respondent Nos.1, 5 and 6: GP FOR REGISTRATION AND
STAMPS (AP)
Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE

Petition under Section 151 CPC praying that in the circurnstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to direct
respondent Nos.5 and 6 to receive and register the sale deeds executed and presented
by the petitioner or her GPAs in respect of 795.55 sq.yds comprising of plots 1, 2 and 3
out of Ac.2.28 cents in S.No.71 of Bandameedakammapalle Village within Madanapalli
Municipal area, Chittoor District bounded by East. Road, West. 20 ft wide road, North.
Road, South. Plot No.4. in. favor of the intending purchaser, pending disposal of
WP No. 13933 of 2021, on the file of the High Court.

The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The receipt of this order will be deemed to be the receipt of notice in the case).
The Court made the following
ORDER:

"The petitioner sought an interim direction to direct Respondent Nos.5,7, 6, to receive and register the sale deeds executed and presented by the petitioner or her GPAs in respect of 795.55 sq.yds comprising of Plot Nos.1,2 and 3 out of Ac.2-28 cents in Sy.No.71 of Bandameedakammapalle Village, Madanapalli Municipal Area, Chittoor District, in faovur of the intending purchasers pending

disposal of the writ petition, basing on the judgment of the Apex Court in Siri Nivasam Mutual Aided House Building Society Ltd and others vs. State of Andhra Pradesh and others (Special Leave Petition (C) NO. 15009 OF 2016 dated 19.04.2018), where the Apex Court held 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 ta 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 Apex Court, Sri M. Chalapathi Rao, learned counsel appearing for the petitioner, 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. The Hon'ble Supreme Court directed that, similarly situated persons can approach this Court and obtain a similar order, Therefore, in view of the direction issued by the Apex Court, 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. lt is further made clear that without express permission from the High Court, there shall be no further transfer.

Post after three weeks for filing counter affidavit." AL

es

Sd {-K.TataRao "& STANT REGISTRAR TRUE COPY// ASSISTAN! 7

t secTION OFFICER

To,

1. The Principal secretary, (Revenue) (Registration and Stamps) Department, Secretariat Buildings, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District.

District Collector, Chitoor, Chitoor District. .

Revenue Divisional Officer, Madanapalli Division, Chittoor District.

Tahasildar, Madanapailli Mandal, Madanapalli, Chittoor District.

District Registrar, Registration and Stamps Department, Chitoor District, Chitoor. Sub-Registrar, Registration and Stamps Department, Madanapalli Village and Mandal, Chitoor District. RR 1 to 6 By RPAD)

One CC to Sri. M chalapati rao Advocate [OPUC]

Two CCs to GP for Registration and Stamps (AP) High Court Of Andhra Pradesh. [OUT]

9. Two CCs to GP for Revenue (AP) ,High Court Of Andhra Pradesh. [OUT]

10. One spare copy

AARON

cM

pr

HIGH COURT

MSMJ

DATED:27/07/2021

POST AFTER THREE WEEKS FOR FILING COUNTER AFFIDAVIT

ORDER

1A No. 1 OF 2021 IN WP NO: 13933 OF 2021

DIRECTION