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High Court for State of TelanganaWP/6046/2018dismissed

Thokala Hari Babu, v. Prl.Secy., Stamps And Reg.., State Of A.P.,

2018-02-23A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.6046 of 2018 Order:

This Writ Petition is filed for the following relief. "To issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the second respondent herein in not entertaining the application dated 12.02.2018 of the first petitioner herein in the light of Section 22-B of the Registration (Andhra Pradesh Amendment) Act, to prevent multiple registrations in respect of properties of the petitioners i.e., (1) the land to an extent of 3291 sq. yards consisting of 17 plots in RS Nos.638 and 639/1 and 2, situated at Epurupalem village, Vadarevu Gram Panchayat, (2) one building, situated at Kothakaluva, Near Vinayaka Swamy Temple backside, Ramannapeta Grampanchayat, (3) Fish Ponds to an extent of Ac.39.16 cents in RS Nos.246/2, 247/5A, 236/2, 251/2, 235/5A, 254, 250/3, 251/1 and 249/1, situated at Nayinipalli village, Challareddypalem Gram Panchayat, Vetapalem Mandal,

(4) House site and building bearing D.No.4-112 in an extent of 450 sq. yards, situated at backside of ILTD Colony, Chirala Town and (5) land to an extent of 8 1⁄2 cents in RS No.226/2, situated at Perala village, Chirala, Prakasam District, AP., as biased, arbitrary and illegal and consequently direct the second respondent herein not to entertain the documents presented by the respondents 3 and 4 herein for registration to alienate the aforesaid properties in any manner i.e., sale, settlement or encumbrance as long as pending disposal of suits in OS Nos.134 and 144 of 2007 on the file of the Senior Civil Judge Court, Chirala, Prakasam District, AP., between both the parties."

It is seen that the Joint Sub-Registrar already made an endorsement clearly stating that it is not possible to restrain registration for the reasons stated by the petitioners in their petition and advised the petitioners to take redressal before the Hon'ble Court of law. In the absence of any provision in the Registration Act, the present Writ Petition cannot be entertained.

The Writ Petition is, accordingly, dismissed. However, it is open to the petitioners to take appropriate proceedings in accordance with law

either in the pending suits or in other proceedings. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed.

________________________ A. RAMALI NGESWARA RAO, J Date: 23.02.2018 Nsr