IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36222 of 2014 Between:
Perisetty Koteswara Rao, S/o. P. Yellamanda, Aged about 40 years, Occ: Business, R/o. Vinukonda Town and Mandal, Guntur District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registrations Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36222 of 2014 ORDER:
The petitioner is aggrieved by the Memo, dated 01.12.2011, issued by the Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh, Hyderabad (2nd respondent) whereby the Registering Authorities in the State were directed to implement the interim injunction order granted by the High Court of Madras in respect of certain alleged church properties. The petitioner claims that on the basis of this Memo, the document presented by him for registration in connection with his land in Vinukonda Town and Municipality, Guntur District, was not being received and registered.
2. The issue is no longer res integra. In W.P.No.34689 of 2012 which was disposed of on 12.12.2012, this Court dealt with the impugned Memo, dated 01.12.2011. The Madras High Court had passed certain orders in a contempt case which are now taken to be the basis for restraining the Registering Authorities. Taking note of the order passed by the Madras High Court, this Court observed that unless a Court of competent jurisdiction grants an injunction against the alienation of the properties in respect of which documents were presented for registration, the Registering Authorities could not refuse registration of the same. The writ petition was accordingly disposed of directing the Registering Authority concerned to receive and register the documents in accordance with law.
3. For reasons alike as were stated in the said order, this Writ Petition is disposed of directing the Sub- Registrar, Vinukonda, Guntur District (4th respondent) to receive and register the document that may be presented by the petitioner in respect of his land in Vinukonda Town and Municipality, Guntur District, subject to the document being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. Unless there is an order of injunction against the alienation of such properties or restraining the Sub-Registrar, Vinukonda, from registering documents in connection therewith, such order of injunction having been passed by a Court of competent jurisdiction, it would not be open to the Sub-Registrar to refuse registration. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 27th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36222 of 2014 Date: 27th November, 2014 KL