The vs Sy.No.472 And 471/2 Of Kanigiri ...
2022 Latest Caselaw 765 AP

     HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

               WRIT PETITION No.3518 of 2022

ORDER:

The petitioner had sought to purchase a house situated in

Sy.No.472 and 471/2 of Kanigiri Town, Prakasam District from

his vendor. A deed of sale was also executed and presented for

registration before the 3rd respondent on 24.06.2021. However,

the 3rd respondent refused registration of the said property on

the ground that there was an order of injunction issued by the

Hon'ble High Court of Madras and the same had been

communicated to the 3rd respondent, by way of a Memo.

Aggrieved by the said order, the petitioner had moved the 2nd

respondent, by way of Appeal No.1 of 2022. This appeal was

dismissed by the 2nd respondent on 31.01.2022 holding that the

registration of document was not possible in view of the

injunction order passed by the Hon'ble High Court of Madras.

2. Aggrieved by the said dismissal of the appeal and

the refusal to register the document, the petitioner had

approached this Court.

3. Sri I.Koti Reddy, learned counsel for the petitioner

would rely upon the orders of this Court in W.P.No.2795 of 2020

dated 10.02.2020, W.P.No.28342 of 2021 dated 21.12.2021 and

the orders of the erstwhile High Court of Judicature at

Hyderabad for the State of Telangana and the State of Andhra

Pradesh in W.P.No.44015 of 2016 dated 19.12.2016,

W.P.No.34689 of 2012 dated 12.12.2012 and W.P.No.10721 of

2016 dated 01.04.2016.

4. In all these judgments, this Court had taken the

view that the directions issued by the Hon'ble High Court of

Madras, are not binding and registration of the deed presented

before the authority cannot be refused on the ground of such an

injunction.

5. In view of the aforesaid judgments, this writ petition

is allowed setting aside the order of refusal of the 3rd respondent

dated 24.06.2021 and the order of the 2nd respondent dated

31.01.2022 in Appeal No.1 of 2022 with a direction to the 3 rd

respondent to register the document which has been presented

by the petitioner on 24.06.2020 and to which Pending No.134 of

2021 had been given. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

10.02.2022 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.3518 of 2022

10.02.2022

BSM