Andhra Pradesh High Court - Amravati
All Is Well Properties vs The State Of Ap on 14 June, 2022
Author: D Ramesh
Bench: D Ramesh
SOPOTOLOT OEY? IN THE HAGH COURT OF ANDHRA PRADESH AT AMARAVATI Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO 'PRESENT: THE HONOQURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 14798 OF 2022 Reftween: Al is Well Properties, rep.by iis Managing Partner, Mrk Tulasi Reddy So. Satyanarayana Reddy, Age. 36 years, Rfo D.No. 14-801, Flat No.401, Rohini krishna Pride. zs, df) Lane, Ranuru Vilage, Panamaluru Mandal, NTS Dist. Patitionsr AND 1. The State of Andhra Pradash, Rep by lis Princinal Secretary, Revenue Gtamps and Registration), Secretarial, Valagapud!, Guntur Dist. é. The Commissioner and Inspactor General of Registration & Starmps, Andhra Pradesh, Viayawada. S. The District Registrar, NTR District, at Vileyawada. 4. The Joint Sub-Registrar, Mylavaram, NTR Dist, §. The Chrector, Town and Country Blanning Mangalagin, Guntur Dist Respondents Petition under Articie 226 of the Gonetitution of india is fled praying that In the. circumstances stated in the affidavit fied therewith, the High Courl may bs sieased te issue Writ or direction preferably Writ of Mandamus declaring the action of the 4° respondent in refusing to megive, rag! ster and release the sale deed presented by ine pationer in respect of the land Le., Plot Nos.94, 92, oe 115, 1G in RS .NG. G84 & anne Situated st Pulhuru i Hage, Wy favaram Mandal of NTR CNst.., in pursuant io ihe roular Mario No t/7 97 1/8008, dE 17-2-2028 issued d by the 2°° rexpandent wherein dite sling al the Joint Sub-Raegisirars not 9 regi ster any unapproved layouts in the state aS | Wlegal without juriadiction, canirary to the provisions of the Registration Act, 1908 and in vidiation of Article 14 of Constiiution of India an nd sonsaquenty set aside the Memo dQ 17-2-2022 and further direct the 4° responder ni fo receive, ragister and release the sale deed presented by the petitioner fart he Suh) fact lanch IANO: 1 OF 2022 Petition under Section TO1 CPC is Hed praying that in the circumstances siated im the affidavit flad In support af the writ pelition, the High Court may be pleased fo diremt the Respondent No.4 fo receive, ragisier and release fhe Sale deed presented gy the Petiioner i raspect of the land ie., Pint Nos. $1, 93, 172, 776, 416 in RUS. No. O84/1 & 884/2 situated at Pulluru Vilage, Mylavaram Mandal of NTR Diet, periding disposal of the Writ Petition No, 14786 of S022, on the fle of the High Court. The petition coming on for hearing, upon serusing the Petition and the affidavit Med im suosert thereof and upon hearing the arguments of Sri vo MUNL Srinivasa Rao Advocate for the Petitioner, learned GP for Starnps & Registration for Ressondent Nas. ta 4 and of learned Gavernment Pleader for Municral agmnini atratian and Urban Devainpment for Respondent No.5, the Gout made the following. OROER: Neard the learned counsel for the petitioner and the lparnadd Government The easential issue raigad in the writ petition is about the competence of the Directar of Town and Country Planning to issue a letter to the Registrar not to inchide certain lands pertaining fo unapproved layouts under Section 22-A af the Registration Act and the action of the Sub-Registrar in refusing to regiater the land. Learmed counsel for the petitioner argues that there is a procedure Upuinted under law for including land in the prohibitary Hat. According fo him, the Director of Town and Country Manning does not have the power or the furiediction fo issue the said fetter. in the opinion of thie Court, the petitioner has made out the Prima facie case as the action of the respandenta is not traceable to any provision of law. The cacumenta presented by the petitioner in rasaset af the plot Noe. 21, 82, 172, 118, V6 in R.SNo. 684i & 84/2 situated at Pulluru vilage, Mylavaram Mandal of NTR ENstrict submitted by the petitioner are kept pending. Hence, there shall be an interim direction aa prayed far, The e 4" respondent is directed to ROMP lete the registration in respect of the said documents submitted by the petitioner, which are kept pending aa an mM Maasure, fhe atharwise comply with the atamp Act and Registration Act. Kis needless to say that this registration will be subject fo final result of the writ petition. The petNioner is alsa not antiitled hy virtue of thie order fo claim any equilies in future. The further alenations shall be whith the permission of this Gourt only. Fost aleng with WP.No. 14892 of 2022, eee es oe . Sdi- K. TATA RAG DEPUTY REGISTRAR HTRUE COPYH So ' SECTION OFFICER The Brincipal Secretary, Revenue (Stamps and Regis istration), 'Stat of Andhra radesh, Secretariat, Velagapudi Gu tur i Dish The Comnyssioner and Inspector Gea of Registration & Stamps, Andhra radesh, Viayawada. 3. The District Registrar, NTR Olsinot, at Viayawada. &, The saints Sub-Registrar, Mylaveram, NTR Dist S. The Director, Town and Country Planning Mangalagir, Guntur [ist (1 fo § by READ) . 8. One OO io SRIAMM M SRINIVASA RAS Acvonate fOPLUICI Y. Two COs te "Ge for Stamns & Registration, High Court Of Andhra Pradesh. we (OUT © Ywo OCs to GP for Municipal Administration and Urban Development, High Court OF Andhra Pradesh, [QUT] The Section Officer, Posting Section, High Court of Andhra Pradesh. 18 Section Officer, Writ Non Services, High Court of Andhra Pradesh. $4. One spare capy SRL 4k Ys HESN COURT DATED Ab 202s NOTE: POST ALONG WHITH W.PLNo 1439s OF 2022 ORDERWP. No. 18708 of 2022
INTERIM DIRECTION