Y.Leela Madhavi vs The State Of Andhra Pradesh
2022 Latest Caselaw 7762 AP

                   HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

MAIN CASE NO.: W.P.No.33248 of 2022
                                   PROCEEDING SHEET

Sl.      Date                                     ORDER                                   OFFICE
No.                                                                                       NOTE
01.   12.10.2022    DR,J

                                                 I.A.No.1 of 2022
                           This application is filed seeking direction against
                    Respondent No.4 to entertain and process the sale deed

for registration of 4,101 Sq.Yards of land in Sy.No.17/5, Avilala village, Tirupati Rural Mandal, Tirupathi 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), 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, 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, 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 not be no further transfer.

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

______ DR, J W.P.No.33248 of 2022

Post after four(4) weeks for filing counter affidavit.

____ DR,J sj