S.Mamatha 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:
28 Sept 2022
Original Order Copy
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Order Text
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No. W. P. No.31931 of 2022
PROCEEDING SHEET
| Sl.<br>No. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 28.09.2022 | DR,<br>J<br>I.A.No.1 of 2022 | ||
| This<br>application<br>is<br>filed<br>seeking<br>direction | |||
| against respondent No.4<br>and 5 to receive, register | |||
| and release the sale deed dated 20.07.2022 with | |||
| respect to<br>the land in Sy.No.78/2B2 to an extent of | |||
| Ac.1-70 cents of Renigunta Sub-Division, Tirupathi | |||
| Urban Mandal, Tirupathi District, which was executed | |||
| by<br>the<br>petitioner<br>in<br>favour<br>of<br>M/s.Keerthi<br>Infra | |||
| forthwith. | |||
| Learned counsel for the petitioner relied<br>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<br>held as | |||
| follows: | |||
| "It<br>is<br>ordered<br>that<br>the<br>registration<br>already<br>permitted<br>by<br>this<br>Court<br>shall<br>be<br>treated<br>as<br>a<br>provisional<br>registration<br>subject<br>to<br>the<br>result<br>of<br>the<br>writ<br>petitions<br>now<br>pending<br>before<br>the<br>High<br>Court. We make it clear that merely because a<br>provisional<br>registration<br>has<br>been<br>permitted,<br>the<br>parties shall not claim any additional equity. We<br>further<br>make<br>it<br>clear<br>that<br>without<br>express<br>permission<br>from<br>the<br>High<br>Court,<br>there<br>shall<br>be<br>no<br>further<br>transfer.<br>In<br>order<br>to<br>avoid<br>further<br>difficulty<br>to<br>the<br>similarly<br>situated<br>people,<br>we<br>make it clear that it will be open to them to<br>approach<br>the<br>High<br>Court<br>and<br>seek<br>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 and 5 are 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.
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