Andhra Pradesh High Court - Amravati
Ponnuru Harikrishna vs The State Of Andhra Pradesh, on 15 June, 2022
Author: D Ramesh
Bench: D Ramesh
AICCCIES,
f 32081
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
WEDNESDAY, THE FIFTEENTH DAY OF JUNE
TWO THOUSAND AND TWE APY TWO
(PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
IA No. TOF 2022
iN.
WP NO 18728 OF 2022
Between:
Fannuru Hankrishna Sfo. Ponnuru Hazaratigiah, aged 46 years, RYo.Atmakur, reg. by
his GPA Holder, Dindu Mahesh S/o. Malake ndaiah, aged aboul 39 years,
Occ Business, Rio Chakallkonda village, Vinjamuru Mandal, SPSR Nellore District.
Petitioner
iPattioner in WP 15? 25 OF 2028
on the fie of High Court
AND
1. Fre State of Andhra Pradesh, Rep by its Pr nolpal Secretary, Revenue (Stamps
& Registration), Secretariat, Valagapudi, Guntur Dist. .
2. The Joint SubRegistrar, Atmakur, SPS Nellore District.
3. The District Ragistrar, Regi stration and Stamps, Nellore, 8SPSR Nellore District.
4. The Director, Town and Coumiry Planning, Mangaiagir, Guntur Dist.
._ Respondents
'Respondents in-de-}-
Gounsel for the Petitioner: SRG VENKATESWARLU
Gounsel for the Respondent Nos. to 3: GP for Starins & Registration
Counsel for the Reapondent Nas.4: GP for Municipal Administration & Urban
Development
Petfion under Section 191 GPC is Hed praying that in the clrourmstances stated
* me affidavit Hed In support of the writ petifien, the High Court may be pleased fo
ecting the 4° respondent herein to raceive, register and release the document
- voposed to be presented by the petitioner | in respect af the plots bearing Nos.84, TO?,
8, 44, 13, 15, 19, 24, 3, 25, 29, 31, 38, 35, 87, 39, 48, 49, 54, 80, 105, 104, 105, 89, 46
and 88 in sy No. BPOI & 2 situated at yenkataropall village, within Atrakur
ne reas Aimakur, SPSR Neliore District, wi dhout reference to the Creular Memea
No. GTA SIAT8005, di17.2.2022 issued by the 2°" respondent, pending disposal of the
ALP Na 5728 of 2022, an the fie of the High Court. ~
Yre court while directing issue of nofies fo the Respondents herain fo shew
cause a6 to why itis application should not be complied with, made the following
order {The receipt of this order wil be dearned to be the receipt of notice In the casa}
GRDER:
Meard the learned counsel for the petitioners and the learned Government
Pleader.
| The eesential issue raised in these baich Writ Petitions is about the
competence of the Director of Town and Country Planning to iasue a letter to the
Registrar fo soncerned not to include (cériain subject lands pertaining fo
unapproved layouts under Section 22-4 of the Registration Act and the action of
wen
the Sub-Registrars in refusing to register the lands.
Learned counsel for the petitioners argued that there is a procedure
stipulated under law far including lands in the prohibltory list. Accarding to ther,
the Director of Town and Country Planning dees not have the power, authority or
the lurisdiction to iasue the said letter.
in view of the above facts and circumstances of the case this court is of the
opinion that, the petitioners have made out a prima facie case, as the action of
the reapondents Is not traceable to any provision of law. The documents
submitted by the petitioners are kept pending. Nence, thers shall bs an interim
diraction as prayed for.
The 2° reapondent is directed to complete the registration in respect of the
documants fas claimed in the Writ Petitions). submitied by the petitioners herain
Stamp Act anc Registration Act. ff is needless to say that these registrations will
be subject to final result of the Writ Petitions. The petitioners are also not antitied
by virtue of this order to claim any equities in future. The further alienations, if
any, shall be with the permissions of this Court only.
Soat after four weeks,
Sd/- MLRAMESH BABU
, DEPUTY REGISTRAR
For i SECTION OFFICER
Te, aaa erreren we
4. The Principal Secretary, Revenue (Stames and Registration), Siste of Andh nra |
Pranesh Secretarial, Velagagu a, Sunt Dist
2. The Joint Sub-Registar, Ain ©, SPSR Ne ile gre District,
3. The District Registrar, Registration and Stamps, Nellore, SPSR Nellore
strict,
4. The Chractor, Town and Country Planning, Mangalagis, Guntur Dist. (7 to 4 by
RPADI
5 One OC to SRLG VENRATESWARL QPUCI .
8. Two COs to GP for Starnps & Registration, High Court Of Andhra' Bradesh,
POL Hy
'7 Uwe OCs in GP far Municipal Administration and Urban Develonmant sigh
"our CF Andhra Pradesh. [Ok
8. One spare copy
HIGH COURT
ORD
DATED: S602
NOTE: POST AFTER FOUR WEEAS
ORDER
LANo 4d' OF 2022. iN WP No T8725 of 2022 INTERIM DIRECTION