Andhra Pradesh High Court - Amravati
Ponnuru Harikrishna vs The State Of Andhra Pradesh on 15 June, 2022
Author: D Ramesh
Bench: D Ramesh
ener eter et
r 3208 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
WEDNESDAY, THE FIFTEENTH DAY OF JUNE
TWO THOUSAND AND TWENTY TWO 7
PRESENT:
THE HONOURABLE SRI JUSTICE D RAMESH--
IANG. (OF 2002 7
IN .
WP NO: 15729 OF 2022 "
Rehween:
Ponnuru Marikrishna Sfo.Ponnuru Hazaretigigh, aged
his GPA. Holder, Yarajala Jagan Mohan Svo. Yarsiala
Ooo Business, Rio Utukuru village, Viniarruru Mandal,
48 years, R/o Aimakur, rep. by
Peddaish, aged about 44 years,
SPOR Nellore District,
_ Pettioner
(Petitioner in WP {8729 OF 2O28
on the fie of High Gourfr™
AND
_ The State of Andhra Pradesh, Rep by its Pring inal Secretary, Revenue (Stamps
& Registration}, Secretariat, Velaganud!, Guntur Dist.
2. The Joint Sub-Ragistrar, Amakur, SESR Nellore District.
3. The District Registrar, Ragisiration and Stamps, Nellore, SPSR Nellore District. -
4. The Director, Town and Country Planning, Mangalagir, Guntur Dist.
Raspondeanls <<
- (Respondents indo-}
Counsel for the Petitioner: SRLG VENKATESWARLED <7
coungel for the Respondent Nos. te 3: GP for Stamps & Registration ~
Counsel fer the Respondent Nos.4: GP for Municipal Administration & Urban-
Development _
Petition under Section 151 CPC is Hed pray ing thal in the clroursiances stated
in the affidavit fled in support of the writ petition, the High Court may be pleased to
directing the 4° respondent herein fo receive, register and release the document
sropased fo be presented by the pettioner inraspect of the plots bearing Nos. 4, 47, 84,
38 and 40 in Sy.Ne. S7O/1 & 2 situated at venkataropalll village, within Atmakur
Municipality, Aimakur, SPSR Nellore Distrint, without reference to the Circular Memeo
No. Meraranes a.iy.2 oe issued by the 2° respondent, pending dispasal of the
WEP No. 15728 of 2022, on the ie of the High Court ~
The court whi le directing issue of notice fo the Respondents herein to shaw
cause as fo why this application should not be camplied with, made the following
order.{(The receipt of this order will be deemed to be the receipt of notice in the case}.
ORDER:
Heard the learned counsel for the petitioners and the learned Governmant Figader.
The essential issue raised in these batch Writ Petitions is about the sompetence of the Director of Town and Country Planning to lesue a letter to the Registrar fo cancerned not fo include certain sublect lands pertaining to unapproved layouts under Section £2-A of the Registration Act and the action of the Sub-Registrars in refusing to register the lands. -- Learmed counsel for the petitioners argued that thers is a procedure stipulated under law for Inchiding Jands in the prohiblary Het. Accerding to them, the Director of Town and Country Planning does not have the power, authority or the juriadiction fo issue the said letter. in view of the above facts and cireumnatances of the case this court is of the epinion that, the petitioners have made out a prima facie case, as the action of the respondents is not traceable fo any provision of law. The documents submitted by the petitioners are kept panding. Hence, there shall be an interim direction as prayed far, -
The 2°° respondent is directed to cornmplets the registration in respect of the dacuments (as claimed in the Writ PatiGens)}, submitted by the pefidoners herein which are kept pending as an inferim measure, Nf they ofherwise comaly with the Stamp Act and Registration Act. js needless fo say that these registrations will be sublect fo final result of the Writ Petitions. The sefificners are also not entitled by virtue of this order to claim any equities in future. The further allenations, if any, shall be with the permiasions of this Court only. Post ater four weeks.
Sdi- MRAMESH BABU DEPUTY REGISTRAR YRUE GOPYN Te, }. The Principal Secretary, Revenus (famos and Regi strat ion}, State of And Pradesh, Secretariat, Velagapudi, Gumtur Dist.
2. The Joint Sub-Registrar, Avmakur, SPSR Nellore District"
3. The District Registrar, Registration and Starios, Nellore, SPSR Nellore"
District.
4, The Director, Town and Country Planning, Mangalagiri, Guntur Dist. (1 te 4 by RRADS 8 One CC to SRLGVENKATESWARLID Advocate POPUC) -- .
8. Two COs to GP for Stamns & Registration, High Court Of Andhra Pradesh"
(OUT) Po Twe OCS Sto GP for Murscipal Administration and Urban Development, High Gourt Of Anchra Pradesh. [CHIT] § One spare copy Fors _ SECTION OFFICER Reh Baan ¥ = » ¥ ay de § HIGH COURT DR DATED SO6/2022 NOTE: POST AFTER FOUR WEEKS ORDER LANod OF 2022 iN WP No. 18728 of 2022 INTERIM DIRECTION