Citation : 2022 Latest Caselaw 9815 AP
Judgement Date : 22 December, 2022
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE NO.: W.P.No.41365 of 2022
PROCEEDING SHEET
Sl.No. Date ORDER OFFICE
NOTE
22.12.2022
DR,J
Learneed counsel for the petitioner relied on
the judgment of the Hon'ble 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), wherein 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
Md.Saleem, 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, 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 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 not be no further transfer.
Accordingly, an interim direction is issued as claimed by the petitioner.
Post after four weeks for filing counter affidavit.
______ DR, J Pnr
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