R.Venkata Swamy, v. Sri.M.Kiran Kumar,

THE HON'BLE SRI JUSTICE SANJAY KUMAR AND THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO CONTEMPT CASE NO.2390 OF 2016

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) This Contempt Case was instituted alleging willful disobedience to the order dated 17th day of March, 2015 passed by this Court in W.A.No.1692 of 2014. By way of the said order, this Court directed the Registrar concerned to receive the document in question presented by the petitioner and examine (1) whether the document was a compulsorily registrable one and (2) whether it was otherwise registrable under the law. This Court observed that if these two conditions were satisfied, the registration of the document, on payment of requisite fee and other charges, was a matter of course and directed the registering authority to complete the exercise within a time frame.

Learned Government Pleader for Revenue pointed out that C.C.No.1615 of 2015 was earlier instituted by the petitioner alleging disobedience to this very order and the same was closed on 05.02.2016, taking note of the fact that the documents presented by the petitioner were admitted to registration on 27.10.2015 as Document Nos.6188 to 6197 of 2015. It is fairly stated by Sri M.Janardhan Rao, learned counsel for the petitioner, that the documents in relation to which the present contempt case was filed were executed only after closure of the earlier contempt case.

If that be so, we are of the opinion that the order passed in the W.A.No.1692 of 2014 cannot be treated as an order in

continuum so as to cover all documents that may be executed by the petitioner in relation to the property mentioned in the writ prayer for all times to come. The refusal of registration of such documents therefore cannot be brought within the ambit of the order passed in W.A.No.1692 of 2014.

The Contempt Case is misconceived and is accordingly dismissed. This order shall however not preclude the petitioner from taking recourse to appropriate legal remedies available to him for redressal of his grievance as to the refusal to register the present documents. No order as to costs.

____________________ SANJAY KUMAR, J ___________________________ U.DURGA PRASAD RAO, J 27th DECEMBER, 2016 PGS