Shaik Khaja Bee vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Stamps And Registration )
Before:
Hon'ble D Ramesh
Listed On:
20 Jun 2022
Original Order Copy
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Order Text
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MONDAY, THE TWENTIETH DAY OF JUNE, TWO THOUSAND AND TWENTY TWO :PRESENT:
THE HONOURABLE SRI JUSTICE D. RAMESH
I.A. No. 1 of 2022 IN W.P.No. 10813 of 2022
Between :-
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- Shaik Khaja Bee, W/o Shaik Ameer Basha, Aged 61 years H No. 8-56A, Maaldarpeta, Nandyal Town and Mandal Kurnool District.
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- Shaik JathunBee, W/o. Shaik Abdul Salam, Aged 47 years, H No. 8-60, Maldarpeta, Nandyal Town and Mandal Kurnool District.
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- Shaik Tajun Bee, S/o. S. Madaarsah, Aged 46 years, H No. 4-259, Gurralapeta, Nandyal Town and Mandal, Kurnool District.
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- P Rafi Ulla Khan, S/o. Abdul Gafoor Khan, Aged 44 years R/o H No 7-79B2-3, Nabinagar, Beside Nadigadda, Nandayal Town and Mandal Kurnool District.
...Petitioners (Petitioners in W.P.No. 10813 of 2022) on the file of High Court)
AND
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- The State of Andhra Pradesh, Rep. by the Principal Secretary Revenue Department, Secretariat, Amaravathi, Guntur District.
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- The District Collector, Kurnool District at Kurnool.
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- The Revenue Divisional Officer, Nandyal, Kurnool District.
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- The Tahasildar, Nandyal Mandal, Kurnool District.
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- The Joint Sub-Registrar-I, Nandyal, Kurnool District.
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- The Nandyal Municipality, Nandyal, Kurnool District, Rep. by its Commissioner.
...Respondents (Respondents in-do-)
$48$ $54$
Counsel for the Petitioners :SRI RAMA RAO KOCHIRI Counsel for the Respondent Nos. 1 to 5 :GP FOR REGISTRATION AND STAMPS Counsel for the Respondent NO.6 : SRI N. RANGA REDDY-SC
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of W.P, the High Court may be pleased to direct the 5<sup>th</sup> respondent to register and release the deed of general power of attorney executed by the petitioners No. 1 to 3 in favour of $4^{th}$ petitioner vide document No.P-335/2022, in respect of the land an extent of Ac.2.60 cents in Sy.No.2313/1C of Nandyal Municipality, Nandyal, Kurnool District, pending disposal of W.P. No. 10813 of 2022, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case).
ORDER :-
"The present Writ Petition is filed questioning the impugned proceedings vide refusal No.5 of 2022 of Book-II, Registrar Office, Nandyal of the 5<sup>th</sup> respondent dated 30.03.2022.
In the impugned proceedings, the Sub-Registrar has refused to register the documents presented by the petitioners herein based on the letter of the Commissioner, Nandyal Municipality in Roc.No.1722/2019-G1, dated 09.03.2022.
The learned counsel for the petitioners has submitted that the said proceedings were suspended by this Court in W.P.No.12720 of 2022 by orders dated 29.04.2022 which reads as follows:
In view of the above said observations, it is clear that the Municipal Commissioner has no jurisdiction to directly make correspondence with the Sub-Registrar. He can only forward the list to the District Collector and in turn the District Collector is the competent authority to notify in the prohibitory list.
In view of the observations, made by this Court in W.No.41484 of 2017, there shall be interim suspension of the letter in Lr.Roc.No.1722/2019/G1, dated 03.2022.
In view of the above said orders, the impugned proceedings dated 30.03.2022 of the 5<sup>th</sup> respondent are suspended.
The 5<sup>th</sup> respondent is directed to register and release the deed of General Power of attorney executed by the petitioner Nos.1 to 3 in favour of $4^{th}$ petitioner."
//TRUE COPY//
ASSISTANT REGISTRAR
Sd/- U. SRIDEVI,
for ASSISTANT REGISTRAR
To
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The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Amaravathi, Guntur District.
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The District Collector, Kurnool District at Kurnool.
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The Revenue Divisional Officer, Nandyal, Kurnool District.
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The Tahasildar, Nandyal Mandal, Kurnool District.
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The Joint Sub-Registrar-I, Nandyal, Kurnool District.
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The Commissioner, Nandyal Municipality, Nandyal, Kurnool District.
(Addressee Nos. 1 to 6 by RPAD)
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Two CCs to the G.P. for Stamps & Registration, High Court of A.P., Amaravati(OUT)
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One CC to Sri Rama Rao Kochiri, Advocate(OPUC)
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One CC to Sri N. Ranga Reddy, Advocate(OPUC)
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One spare copy.
TKK
HIGH COURT
DR.J
DT.20-06-2022.
ORDER
I.A.No. 1 of 2022<br>IN
W.P.No. 10813 of 2022.
INTERIM SUSPENSION