Andhra Pradesh High Court - Amravati
All Is Well Properties vs The State Of Andhra Pradesh, on 15 June, 2022
Author: D Ramesh
Bench: D Ramesh
SAPP COTD i 3208 } IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE FIFTEENTH DAY OF JUNE TW THOUSAND AND TWENTY TYYQ sPRESENT: THE HONQURABLE SRI JUSTICE 2 RAMESH i4 No. TOF 2022 IN WP NO: 78084 OF 2022 Between: . . Al is Well Properties, rep.by is Managing Pariner Mrk Tulasi Redoy Sfo. Satyanerayana Reddy, Age 38 years, Rio O.No. 14-801, Flat Na.dO7, Rohini Krishna Pride 4 Lame, Kariuru Vilage, Penamaluru Mandal, NTR [Net ™, . Paitioner (Patifionar in WP 15084 OF S022 on the fle of High Court} 4. The State of Andhra Pradesh, Rep by ifs Principal Secretary Revenue (Stamps and Registration), Secretarial, Velagapudl, Guntur Dist. . . Ss. The Gornmmissioner and inspector General of Registration & Stamps, Andhra Pradesh, Viayawada. . &. Tre Oistict Registrar, NTR Distric!, af Vlayawada, 4. The Jaint Sub-Regiatrar, Mylavaram, NTR Dist S. The Director, Town and Country Planning Mangalagin, Guntur Dist. . , Maspondents (Respondents in-do-} Couneel for the Petitionar: SRUM ALATSRINIVASA RAD Counsel for the Respondent Nos.f to 4: GP for Stamps & Registration Gounsel for the Respondent Noa.S: GP for Municipal Administration & Urban Development : Patition under Section 151 CPO is filed praying that in the circumstances stated in the affidavit Hed in support of the writ pefifion, the High Court may be pleased to direct the Respondent No.4 to receive, register and release the Sale deed presented by the Petitioner in respect of the land ie¢., Plot Nos.285, 266, S67, 268, 289 in RS No. 878, 884/41 & O85 situated af Pulluru Vilage, Mylavararn Manedsi of NTR Dist, nending dismosal of the WLP No 15084 af 2022, an the fie of the High Court, The court while directing issue af notice to the Respondents herein to show cause as to why this application shoulcd not be complied with, made the following order. The reosigt of this order will be desmmed fo be the receipt of notice In the case), ORDER:
Heard the learned counsel for the petitioners and the learned Government Meader.
The eaganiiel iseue raised in these batch Writ Pefifions is about the campetence of the Director of Town and Oountry Planning to issue a letter to the Registrar to concerned not to include certain sublect lands pertaining te unapproved layouts under Section 22-A of the Registration Act and the action of the mub-Registrars in refusing to register fhe lands.
Learned counsel for the petitioners argued that there Is a procedure stipulated under law for including lands in the prohibltory list. Accarding fo them, the Director of Town and Country Planning does not have the pawer, authority or the lurisdiction to igsue the agid letter, in view of the above facta and circumstances of the cage this court is of the opinion that, the petitioners have made out a prima facie case, a8 the action of the respondents is not traceable fo any psrovision of law. The documents submitted by the setifoners are kept pending. Nence, there shall be an interim direction as prayed for.
The 2?" respandent is directed toe complete the registration in respect of the documents (as claimed in the Writ Petitions), submitted by the petitioners herein which are kept pending as an interim: measure, if they otherwise comply with the Stamp Act and Registration Act. i is needless to say that these registrations wil he subject fo final result of the Writ Petitions. The petitioners are alse not entitied by virtue of this arder io slain army aquilics in future, The further alenations, # any, shall be with the permissions of this Court only.
Post after four weeks, Sd/- NUS.V. NAVIN CHANDRA ASSISTANT REGISTRAR FTRUE COPYH YE GS -- _ SECTION OFFICER To, %. = (Stanips and Registration), State of Andhra Bank uN tur aS s. The Comm wy iesioner ss and Senior General of Pradesh, Viayawada.
3. The District Registrar, NTR Districl, al Viieyawaca. 4 The Joint Sub-Registrar, Mylavaram, NU S$. The Director, Town and Country Planning, Mangalagiri, Gurtur Diet. (7 to S by s w
4. f Ragistration & Starips, Andhra RPAD) § One tc 6 SRUM ALM SRINIVAS S RAC 3 Ad vocals FORUC)
7. Two COs to GP for Stamps & Registration, Nigh Court OF Andhra Pradesh, fOUT 8 Two COs to GP for Municinal Administration and Urban Development, High Gaur OF Andhra Pradean. OU y
8. Ons spare copy on HIGH COURT DRA DATED: 18/06/2082 NOTE: POST AFTER FOUR WEEKS ORDER LANe.t OF 2022 iN WP.No. 18084 of 2024 INTERIM DIRECTION