Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 23363 (AP)

Shaikh Mohd.Abdul Rasheed, v. State of Andhra Pradesh,

WP/16772/2025 · 2025-07-07

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

f. APHC010329242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16772 OF 2025 Between: 1. Shaikh Mohd.Abdul Rasheed, S/o.Khader Basha, Indian, aged about 41 years, R/o. R/o.D.No.1-1521/A, Kondametti Water Tank, Srikalahasti Town and Post Tirupathi District. 2. Shaikh Iqbal Basha, S/o Khader Basha, Indian, Aged 50 years, R/o D. No. 9/293, Sri Ram Nagar, Koduru Village and Post, Koduru Mandal, Kadapa District presently Annamaiah District. ...Petitioners AND 1. State of Andhra Pradesh, Rep. by the Commissioner and IG of Stamps A.P.Secretariat, Velagapudi, Amaravathi, Guntur and Registration, District 2. SubRegistrar, Pullampeta Sub-Registrar office Kadapa District, Andhra Pradesh Pullampeta, YSR ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate. Writ, Order or Direction, more particularly in the nature of Writ of Mandamus, declaring the impugned Refusal may one Order No.07/2025 dated 22-05-2025 and impugned Refusal Order respectively for registration of property in respect of residential plots in Sy.No.1630-N1, 1631-N1 and 1632-N1 as illegal, null and void and further direct the Respondent No.2 receive and register the Sale Deeds executed in favour of the Petitioners kept as dated 20-05-2025 and 20-05-2025 respectively. No.06/2025 dated 22-05-2025 of the Petitioners to lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2""* Respondent to receive, register and release the Sale Deeds of the Petitioners in P.No 09/2025 dated 20.05.2025 and P. No. 10/2025 dated 20.05.2025 in favour of the Petitioners respectively Counsel for the Petitioners: M/s. PRASAAD LAW OFFICES Counsel for the Respondent No’s. 1 & 2: GP FOR REGISTRATION AND STAMPS LLP The Court made the following order: ;:1:: APHC010329242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16772/2025 Between: 1. SHAIKH MOHD.ABDUL RASHEED,, S/O.KHADER BASHA, INDIAN, AGED ABOUT 41 YEARS, R/0. R/O.D.NO.1-1521/A, KONDAMETTI WATER TANK, SRIKALAHASTI TOWN AND POST TIRUPATHI DISTRICT. 2.SHAIKH IQBAL BASHA,, S/0 KHADER BASHA, INDIAN, AGED 50 YEARS, R/0 D. NO. 9/293, SRI RAM NAGAR, KODURU VILLAGE AND POST, KODURU MANDAL, KADAPA DISTRICT PRESENTLY ANNAMAIAH DISTRICT. ...PETITIONER(S) AND ESTATE OF ANDHRA PRADESH, REP. BY THE COMMISSIONER AND IG OF STAMPS AND REGISTRATION, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. SUBREGISTRAR, PULLAMPETA SUB-REGISTRAR OFFICE, PULLAMPETA, YSR KADAPA DISTRICT, ANDHRA PRADESH ...RESPONDENT(S): 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue an appropriate. Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned Refusal Order No.07/2025 dated 22-05-2025 and impugned Refusal Order No.06/2025 dated 22-05-2025 of the Petitioners respectively for registration of property in respect of residential plots in Sy.No.l630-NI, 1631-Ni and 1632-NI as illegal, null and void and further direct the Respondent No.2 to receive and register the Sale Deeds executed in favour of the Petitioners kept as dated 20-05- 2025 and 20-05-2025 respectively Counsel for the Petitioner(S); 1. PRASAAD LAW OFFICES LLP Counsel for the Respondent(S); 1. GP FOR REGISTRATION AND STAMPS 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIIVIIVIAGADDA WRIT PETITION NO: 16772/2025 This Court made the following: ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriateWrit, Order or Direction,more particularly one in the nature of Writ of Mandamus, declaring the impugned Refusal Order No.07/2025, dated 22.05.2025 and impugned Refusal Order No.06/2025 dated 22.05.2025 of the Petitioners respectively for registration of property in respect of residential plots in Sy.No.1630-N1, 1631-N1 as illegal, null and void and further direct the Respondent No.2 to receive and register the Sale Deeds executed in favour of the Petitioners kept as dated 20.05.2025 and 20.05.2025 respectively and to pass..” 2. Heard learned counsel for the Petitioners and learned counsel for respondents. 3. The present writ petition is filed challenging the impugned proceedings in Progs.No: Refusal No.06/2025, dated 22.05.2025 and nd Progs.No.Refusal No.07/2025, dated 22.05.2025 issued by the 2 respondent, whereby registration of the sale deeds dated 20.05.2025, executed in favour of the petitioners by their vendor, were refused. The refusal is based on the ground that the subject property is covered by :4 Stay orders of the Hon’ble High Court of Andhra Pradesh in CRPMP No. 1546/2012 in CRP No. 1147/2012. The learned counsel for the petitioners contends that neither the petitioners nor their vendor are party to the CRP No. 1147/2012 on the file of this Court and therefore the orders passed in the said Revision does not bind them and hence the ground on which the registering authority refused to register the document is untenable. Accordingly, prayed to allow the writ petition. 4. On the other hand, the learned Government Pleader appearing for the respondents, justified the action of the registering authority refusing to register the documents. 5. in 6. It is well established principle of that an order of injunction passed in a suit would operate only against the parties to it. A co-ordinate bench of this Court in W.P.No.11560 of 2011 held as follows:- “An order of injunction passed in a suit would operate only against the parties to it. Howsoever, proximate or remote, a person may be connected to a party to proceedings before a Court, an order passed therein does not bind him, unless he is a party thereto” It is specific contention of the learned counsel for the petitioners that Co-ordinate bench of this court in Writ Petition Nos.9139 of 2012 and 7. 5 16921 of 2014 vide orders dated 02.04.2012 and 20.06.2014, while placing reliance on the orders in W.P.No. 11560 of 2011, allowed the similar writ petition directing the registering authorities to process the document in accordance with law, in case the petitioners or their vendors are not parties to the order in CRP No.1147 of 2012. The issue involved in this case is squarely covered by the orders passed in the writ petition Nos.9139 of 2012 and 16921 of 2014 and hence similar orders passed therein can be passed in this writ petition. 8. In the above view of the matter, in view of the orders passed in writ petition Nos.9139 of 2012 and 16921 of 2014, this writ petition is disposed of by directing the Registering authorities to find out whether the petitioners or their vendors are parties to the order in CRP No. 1147 of 2012 and in case if they are not parties, the Registering authority shall process the document in accordance with law and release the same to the petitioners, within a period of six (06) weeks from the date of the receipt of the copy of this order. It is also made clear that the registration so made shall not affect the rights of the parties to the revision nor shall it create rights in favour of any person except the parties to the document. With the above direction, the writ petition is disposed of. There 9. shall be no order as to costs. 6 Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// fr SECTION OFFICER To, 1. The Commissioner and IG of Stamps and Registration, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Sub Registrar, Pullampeta Sub-Registrar office, Kadapa District, Andhra Pradesh 3. One CC to M/s. PRASAAD LAW OFFICES LLP [OPUC] 4. Two CCs to GP FOR REGISTRATION AND STAMPS, High Court of Andhra Pradesh [OUT] 5. Three CD Copies Pullampeta, YSR PRK HIGH COURT DATE 0:08/07/2025 ORDER WP NO. 16772 OF 2025 11M m5 ^ . Current Secnon X in to DISPOSING OF THE W.P. WITHOUT COSTS