Smt.Cherukuri Therasamma, vs The State Of Andhra Pradesh
2021 Latest Caselaw 2741 AP

            HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

MAIN CASE NO: WRIT PETITION NO.9230 OF 2021

                    PROCEEDING SHEET

SL.     DATE                             ORDER                                              OFFICE
NO.                                                                                          NOTE
                                                                                        `
06    30.07.2021   MSM,J
                                   W.P.No.9230 of 2021

                           Rule Nisi. Call for records.
                           Notice returnable in four 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 pending document Doc.No.P.573 of 2021 presented by the petitioners in relation to their land, a total extent of Ac.7-64 cents, situated in Sy.No.922, Kallur Village and Mandal, Kurnool district, 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 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 Apex Court, Sri Roy Reddy, learned counsel appearing for the petitioners, requests to issue a similar direction.

SL.   DATE                         ORDER                                         OFFICE
NO.                                                                               NOTE

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, the 5th respondent is directed to receive and register the document 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, interim direction is issued as claimed by the petitioners.

Post after four weeks for filing counter affidavit.

________ MSM, J sp