E. Pharguna Kumar vs The State Of Ap
2021 Latest Caselaw 2686 AP

         HIGH COURT OF ANDHRA PRADESH : AT AMARAVATI

MAIN CASE No: W.P.No. 8522 of 2019

                            PROCEEDING SHEET

Sl.                                                                          OFFICE
        DATE                                ORDER
No.                                                                           NOTE
                   MSM,J
04.   26.07.2021
                                  W.P.No.8522 of 2019
                         At request, for filing counter, post after four
                   (04) weeks.
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                                                                   MSM,J
                                      I.A.No.1 OF 2019

                         Heard Sri K.S.Gopalakrishnan, learned
                   counsel for the petitioner and learned Assistant
                   Government Pleader for Revenue appearing for
                   the respondents.

The petitioner sought an interim direction to the 4th respondent to receive and register the document for registration presented by the petitioner in respect of the land to an extent of Ac.2.00 cents in Sy.No.147/1, Avivala Village, Tirupati Rural Mandal, Chitoor District and release the same to the petitioner, pending disposal of the Writ Petition, basing on the Judgment of the Hon'ble Supreme court in Civil Appeal No.4019 of 2018 & batch in SIRI NIVASAM MUTUAL AIDED HOUSE BUILDING SOCIETY LTD., 7 OTHERS V.STATE OF ANDHRA PRADESH & OTHERS. Relevant paragraph of the Judgment is extracted as under:

"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, requested to issue a similar direction. As the Hon'ble Supreme Court directed similarly situated personnel can approach this Court and obtain a similar order, the petitioner approached this Court seeking same relief.

Hence, the 4th 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 the result of this 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, the IA is allowed.

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