Between vs Hence
2022 Latest Caselaw 9649 AP

Citation : 2022 Latest Caselaw 9649 AP
Judgement Date : 15 December, 2022

Andhra Pradesh High Court - Amravati

Between vs Hence on 15 December, 2022

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHt
(SPECIAL ORIGINAL JURISDICTION) =
THURSDAY, THE FIFTEENTH DAY OF DECEMBER,
TWO THOUSAND AND TWENTY TWO
:PRESENT:

THE HONOURABLE SRI JUSTICE D RAMESH eee

WRIT PETITION NO: 40433 OF 2022

Between:
K.Siva Prasad, S/o. Late K.Ramachandraiah, Hindu, Aged about 42 years, residing
at Door No.14-244, East Kothapeta, Madanapalle, Annamayya District. .
.. Petitioner
AND
1. The State of Andhra Pradesh, Rep by its Principle Secretary Revenue
(Registration) Department, Secretariat Buildings, Velagapudi, Amaravathi,
Guntur District.
2. The District Collector, Annamayya District, Rayachoti..
3. The District Registrar, Annamayya District, Rayachoti.
4. The Sub-Registrar, Madanapalle, Annamayya District.
... Respondents

Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased
to issue, a writ of Mandamus declring the action of the 4'" respondent in not receiving
the document presented by the petitioner in respect of the property D.No.14- 244,
extent of 460.10 Sq.Yards, in S.No.211-2, 213-4C, D.No.14-285, S.No.211-2, and
S.No.213-4C, 14" Ward, Kammapalli Village, Madanapalle Municipality,
Madanapalle Mandal, Annamayya District as illegal, improper, unjust and contrary to
law and consequently direct the 4tn respondent to receive the document presented
by the petitioner and process for registration without insisting No Objection
Certificate.

iA NO: 1 OF 2022

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 to receive the document presented by the petitioner and
process for registration in respect of the property D.No.14-244, extent of 460.10
Sq.Yards, in S.No.211-2, 213-4C, D.No.14-285, S.No.211-2, and S.No.213-4C, 14"

Ward, Kammapalli Village, Madanapalle Municipality, Madanapalle Mandal, --

Annamayya District, pending disposal of WP.No.40433 of 2022, 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 Mahadeva
Kanthrigala, Advocate for the Petitioner and GP for Registration & Stamps for the
Respondents, the Court made the following;


ORDER:

"Sri Bobbili Srinivas, learned Standing Counsel takes notice for qin respondent.

Heard.

This application is filed seeking a direction to the Respondent No.4 to receive, register and release the document for the property admeasuring to an extent of Door No.14-244, an extent of 460.10 Sq.yards, in S.No.211-2, 213-2, 213-4C, Door No.14-285, S.No.211-2, and S.No.213-4C, 14° ward, Kammapalli village, Madanapalli Municipality, Madanapalli Mandal, Tirupati District belonging to the petitioner pending disposal of the writ petitioner, basing on the judgment of the Apex Court in Siri Mvasam Mutual Aided House Building Society Ltd, and others vs. State of Andhra Pradesh and others (Special Leave Petition (c) No.(5009 of 2016 dated 19.04.2018), the Apex Court held as follows: .

"t 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 form the High Court, there shall be na 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 U.Ramanjaneyulu, 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 seeking similar relief.

Hence, Respondent No.4 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 that without express permission from the High Court, there shall be no further transfer.

Accordingly, an interim direction is issued as claimed by the petitioner.

To,

Post this case after four (4) weeks for filing the counter." .Sd/- M. SRINIVAS ASSISTANT REGISTRAR ITTRUE COPY// .

Fo. SECTION OFFICER

. The Principle Secretary Revenue (Registration) Department, Secretariat

Buildings, Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh. - The District Collector, Annamayya District, Rayachoti..

The District Registrar, Annamayya District, Rayachoti.

The Sub-Registrar, Madanapalle, Annamayya District. (Addressee Nos.1 to 4 by RPAD)

One CC to Sri. Mahadeva Kanthrigala, Advocate [OPUC]

Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT]

One CC to Sri Bobbili Srinivas, Standing Counsel [OPUC]

One spare copy