This Application Is Filed Seeking ... vs . State Of Andhra Pradesh And ...
2022 Latest Caselaw 7544 AP

              HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
                   MAIN CASE NO.: W.P.No.32440 of 2022
                            PROCEEDING SHEET



Sl.No.      Date                         ORDER                             OFFICE
                                                                            NOTE

         30.09.2022 DR,J
                                    I.A.No.1 of 2022
                           This application is filed seeking to
                    direct Respondent No.5 to provisionally

register the sale deed bearing Doc.P.No.769, dated 26.12.2019 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,the parties 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.5 are directed to receive, process, register and release the document 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.32440 of 2022

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

______ DR, J tm