M.C Subba Rami Reddy vs The State Of A.P
2022 Latest Caselaw 6885 AP

                                             1


                     HIGH COURT OF ANDHRA PRADESH
                     MAIN CASE NO: W.P.No. 29023 of 2022
                                 PROCEEDING SHEET
Sl.No.     Date                              ORDER                            OFFICE
                                                                               NOTE
                      DR, J
                                  W.P.No. 29023 of 2022
 1.      12.9.2022
                            Issue notice to respondents.

Post this case after four (4) weeks for filing the counter.

_____ DR,J I.A.No. 1 of 2022 Heard.

This application is filed seeking a direction to the Respondent No.4 to receive, register and release the document P.No.1520/2021 dated 06.11.2021 related to patta No. 130, Paimaish No.10 Correlated to Sy. No. 242 admeasuring to an extent of 133.33 Sq. yards of Ward No.13, Srinivasapuram residential area, Tirchanur village, Tirupati Rural Mandal, Tirupati District belonging to the petitioner 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, Sri B.S.Venkat Ramesh, 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 seeking similar 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 be no further transfer. Accordingly, an interim direction is issued as claimed by the petitioner.

_____ DR,J Psr