THE HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 27594 of 2013 Dated: 17.09.2014 Between:
Bathala Tirumalesu S/o.Chalapati, Aged about 38 yrs, Occu : Business, R/o.Kodur Village, Kodur Mandal, Y.S.R. District.
…..Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary (Stamps & Registration), Secretariat Buildings, Secretariat, Hyderabad & 2 others …..Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 27594 of 2014 ORDER:
The petitioner avers that the house property bearing No.1/108 to an extent of 75 square yards in Survey No.653/2 of Koduru Gram Panchayath, Koduru Village, Koduru Mandal, YSR District, was purchased by him through sale deed bearing document No.294 of 2006 dated 13.03.2006. The petitioner intended to sell the subject property and when presented the document for registration on 17.06.2014 in the office of Sub Registrar, Pullampet, Y.S.R. District (3rd respondent), the document was received, but kept pending for registration, on the ground that the subject matter is covered by the injunction orders of this Court in C.R.P.No.1147 of 2012.
2. Learned counsel for the petitioner contends that the decision of the 3rd respondent in refusing to register the document on the ground of pendency of C.R.P.No.1147 of 2012 is unsustainable. He placed reliance on the decisions of this Court in several writ petitions concerned with the same issue.
3. Learned Government Pleader submits that he is unable to ascertain whether the property claimed by the petitioner is the subject matter of O.P.No.34 of 2004 or not.
4. Para 2 of the order passed by this Court in W.P.No.28216 of 2013, dated 30.09.2013, which was relied on by the learned counsel for the petitioner, reads as under:
“Perusal of the order dated 27.06.2012 passed by this Court in C.R.P.No.1147 of 2012 reflects that an injunction was granted restraining respondents 1 to 26 and persons claiming through them from alienating the E-schedule properties in O.P.No.34 of 2004 on the file of the learned V Additional District Judge, Tirupathi, and the said injunction order was extended to cover respondents 27 to 47 also. This order fell for consideration before this Court in W.P.No.24119 of 2012. A copy of the order dated 07.08.2012 passed therein is placed on record and reflects that this Court, taking note of the fact that the petitioner therein was not covered by the said injunction order, directed the registration authorities to process the document presented by him for registration in accordance with law and release it within a time frame”.
5. As seen from the above order in W.P.No.28216 of 2013, discretion is vested in the Sub Registrar, Pullampet (2nd respondent) with regard to the verification of the documents vis-à-vis the orders in O.P.No.34 of 2004 on the file of the V Additional District Judge, Tirupathi and conditional orders passed in C.R.P.No.1147 of 2012 at the time of registration of the subject document.
6. This writ petition is disposed of directing the Sub Registrar, Pullampet, Y.S.R. District (3rd respondent) to verify as to whether the property covered by the subject document is part and parcel of E- Schedule property in O.P.No.34 of 2004 on the file of the learned V Additional District Judge, Tirupathi, and if so, as to whether it is sought to be sold by respondents 1 to 47 in the said O.P. or any persons claiming through them. If these two factors are not made out, the Sub Registrar, Pullampet, shall process the subject document and in the event it is found to fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall complete the registration formalities and release the document in accordance with the due procedure. No order as to costs.
7. As a sequel, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P. NAVEEN RAO, J 17th September, 2014
Rds