The A.P.P.W.D. Irrigation Employees Mutually Aided Co-Operative House Building Society Limited, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.9371 OF 2018 DATED :22.03.2018 Between :

The A.P.P.W.D. Irrigation Employees Mutually Aided Co-operative House Building Society Limited, Thiruvuru, Krishna District, rep., by its President, Korlapati Venkateswarlu S/o.Korlapati Ramakotaiah. .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Assignment-II), Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District & others. .. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.9371 OF 2018 ORDER :

Heard learned counsel for the petitioner and learned Government pleader for Revenue (AP) appearing for respondents. With their consent this writ petition is disposed of at the admission stage.

2.

Petitioner is a Mutually Aided Co-operative House Building Society Limited. This writ petition is filed seeking mandamus to the registering authority i.e., respondents 1 to 3 not to allow the 4th respondent to seek registration of any land beyond the extent allotted to the 4th respondent-Society i.e., Ac.2-93 cents in Sy.No.117/2, vide G.O.Ms.No.313 dated 26.02.2009 and permit registration at the instance of 4th respondent society within the land allotted to it under the said G.O, which extent has already been earmarked in the surveyor report.

3.

In other words the prayer in the writ petition is to pre-empt the 4th respondent from presenting the document for registration before the registering authority, processing of document by the registering authority as governed by the provisions of the Indian Registration Act and the Rules made thereunder. There is no provision which enables any party to ask registering authority not to entertain any document for registration. The Court also cannot mandate the registering authorities not to entertain the document when there is no express prohibition in the Registration Act and the Rules made therein. If petitioner has any grievance on the

- 3 - activities of the 4th respondent, it is always open to him to avail the remedies as available in law.

4.

Thus, leaving it open to the petitioner to avail the remedies as available in law, the Writ Petition is dismissed. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 22nd March, 2018 Rds