Mula Nagi Reddy vs Mula Ramanamma
2022 Latest Caselaw 8017 AP

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      THE HON'BLE SRI JUSTICE A.V. SESHA SAI
                         &
 THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

                       W.A. No. 795 OF 2022

JUDGMENT:(per A.V. Sesha Sai, J)

      Heard Sri Tata Singaiah Goud, learned counsel for the

Writ Appellant, Sri E.V.V.S. Ravi Kumar, learned counsel for

respondent No.1, Sri Subash, learned Government Pleader for

Registration and Stamps for respondent Nos.2 to 4 and Sri V.

Maheswara Reddy, learned Government Pleader for Home for

Respondent No.5.

The respondent No.5 in W.P.No.11407 of 2021 is the

appellant in the present Writ Appeal filed under Clause 15 of

Letter Patent. Challenge in the present Appeal is to the order,

dated 25.07.2022 passed by the learned Single Judge in the

above Writ Petition.

By way of impugned order, learned Single Judge allowed

the Writ Petition filed by the first respondent herein in terms of

earlier order passed by this Court in W.P.No.16312 of 2020,

dated 20.10.2020. The 1st respondent herein filed Writ Petition,

assailing the letter bearing C.No.04/CR/SDO-E/2021, dated

05.05.2021 of the of the Sub-Divisional Police Officer, Eluru

Sub-Division, Eluru, addressed to the Sub-Registrar Eluru. In

the said letter dated 05.05.2021, the Sub-Divisional Police

Officer made a request to the registering authority to stop

further transactions in respect of the subject property. In the

above background, challenging its validity, the Writ Petition

came to be instituted by the first respondent herein.

It is absolutely not in controversy that the Sub-Divisional

Police Officer addressed the said letter dated 05.05.2021 to the

registering authorities on the complaint made by the appellant

herein. It is also not in dispute that the Writ Appellant/5th

respondent in the Writ Petition contested the Writ Petition and

also filed a counter affidavit, denying the averments made in the

affidavit filed in support of the Writ Petition and in the direction

of justifying the action impugned in the Writ Petition. A copy of

the counter affidavit filed by the 5th respondent in the Writ

Petition/ Appellant herein is placed on record along with the

present Writ Appeal as a material paper. A perusal of the said

counter affidavit manifestly discloses that the said counter

affidavit referred to various issues, including registration of

crimes and the pendency of proceedings before the Debt

Recovery Tribunal, Visakhapatnam. A perusal of the order

passed by the learned Single Judge shows that the averments

and various issues in the said counter affidavit were not taken

into consideration. According to the learned counsel for the

Writ Appellant, had the contents of the counter been taken into

consideration, the order impugned in the Writ Appeal would not

have emanated. In this factual scenario, this Court deems it

appropriate to remand the matter for fresh consideration of the

issues, after considering the counter affidavits of all the

respondents, including the 5th respondent in the Writ

Petition/Appellant herein.

For the aforesaid reasons, Writ Appeal is allowed, setting

aside the order, dated 25.07.2022 passed in W.P.No.11407 of

2021 and the said Writ Petition stands restored to the file for

consideration of the Writ Petition after taking account the

counter affidavits filed by the respondents in the Writ Petition.

Registry shall post the Writ Petition next week before the

learned Single Judge holding the provision as per the roster.

Miscellaneous petitions, if any, pending in this case,

shall stand closed.

__________________ A.V. SESHA SAI, J

____________________________ DUPPALA VENKATA RAMANA Date: 21.10.2022 Ks

THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA

W.A. No.795 OF 2022 (per A.V. Sesha Sai, J)

Date: 21.10.2022

Ks