D Govindamma vs The State Of Andhra Pradesh
2022 Latest Caselaw 7452 AP

             HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
                  MAIN CASE No. W. P. No.31937 of 2022
                             PROCEEDING SHEET

Sl.   DATE                                      ORDER                                      OFFICE
No.                                                                                         NOTE
      28.09.2022 DR, J
                                             I.A.No.1 of 022
                         This application is filed seeking direction against
                 respondent No.5 to entertain, process and register the

sale deed for registration of land in an extent of Ac.2.59 cents in Sy.Nos.115/1, 115/2, 115/3, 115/4, 115/5, 115/4B and 116/4 Akkaram village, Karakambadi Road, Residential area No.9, Tirupathi Municipal Corporation, 22nd Ward Tiruapthi Urban Mandal, Tirupathi District, without referring to the Letter No.M1/9580/2016 dated 05.07.2016 issued by the respondent No.2 and ROC No.F7/4495/2013 dated 20.10.2018 communicated by the 3rd respondent, pending disposal of the writ petition.

Learned counsel for the petitioner relied 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), wherein 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.5 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.

Post after four weeks for filing counter affidavit. Print the name of Sri Bobbili Srinivas, Standing Counsel for the 6th respondent in the cause list.

________ DR, J Pnr