M.Ranadheer vs The State Of Andhra Pradesh
2022 Latest Caselaw 6548 AP

                   HIGH COURT OF ANDHRA PRADESH:: AMARAVATI

MAIN CASE NO.: W.P.No.28762 of 2022
                                   PROCEEDING SHEET

Sl.      Date                                      ORDER                                        OFFICE
No.                                                                                             NOTE
01.   08.09.2022    DR,J

                                                  I.A.No.1 of 2022
                           This application is filed seeking direction against
                    Respondent No.4 to receive, register and release

document which is assigned pending document P.No.34/2022 in D.No.19-14-300/6 of extent 196 Sq.Yards, Buildup area ground floor ACC 1764 Sq. feets in Sy No.57/3, Tirupathi village, Tirupati Urban 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 becauseaprovisional registration has been permitted,theparties shall not claim any additional equity. We further make it clear that without express permission from the High Court, there shall beno further transfer. In order to avoid furtherdifficulty 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.28762 of 2022

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

Registry is directed to print the name of Sri Bobbili Srinivas, learned counsel for 5th respondent.

____ DR,J sj