Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) 0^ MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE ffO l||p & PRESENT •a THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11787 OF 2025 Between; Shaik Haneefa Bee, D/o. Shiak Buran Saheb, aged about 61 years, Residing at Door 0.34/99-8, Mahaboob basha Street,SN Colony, Rayachoty, Cuddapah. ...Petitioner/s AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary Revenue (Stamps and Registration) Department Velagapudi Amaravathi Guntur District. Secretariat Buildings
2. The District Registrar, Department of Stamps and Registration Rayachoty, Annamayya District. 3. The Sub-Registrar, Pullampeta, Annamayya District. ...Respondent/s Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ or an order or direction more particularly one in may
i the nature of Writ of Mandamus declaring order of Refusal in proceedings No Refusal No.2/2025 dated 18.03.2025 issued by the 3rd respondent thereby refusing to register document of Lease Deed dated 17.03.2025 and keeping the same as pending document vide P.No.3/2025 dated 17.03.2025 in respect of the property admeasuring 165 square yards, in survey No.647/4B paiki 6th ward, Door no.6-/423-7 of Kodur Revenue Village and Kodur Mandal, Annamayya District covered by a commercial space with plinth area of 1482 square feets, inspite of the same issue covered by repeated orders of this Hon'ble Court as illegal, irregular, irrational, violative of principles of natural justice contrary to the provisions of the Registration Act, 1908 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently to direct the respondents 2 and 3 to register and release the said Sale Deed forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent 2 and 3 to register and release the lease agreement Document P.No.3/2025 dated 17-03-2025 pending disposal of the above writ petition.
Counsel for the Petitioner: SRI SATYANARAYANA NIMMALA Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following:
% 1 NVJ W.P.No.11787 of 2025 APHC010227352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11787/2025 Between: Shaik Haneefa Bee ...PETITIONER AND The State Of Ap and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.SATYANARAYANA NIMMALA Counsel for the Respondent(S):
1.GP FOR REGISTRATION AND STAMPS The Court made the following:
2 NV,J W.P.No.11787 of 2025 The Court made the following: This writ petition is filed under Article 226 of the Constitution of India claiming the following relief:
“to issue a Writ or an order or direction more particularly one in the nature of Writ of Mandamus declaring
order of Refusal in proceedings No Refusal No.2/2025 dated 18.03.2025 issued by the 3rd respondent thereby refusing to register document of Lease Deed dated 17.03.2025 and keeping the same as pending document vide P.No.3/2025 dated 17.03.2025 in respect of the property admeasuring 165 square yards, in survey No.647/4B paiki 6th ward, Door no.6-/423-7 of Kodur Revenue Village and Kodur Mandal, Annamayya District covered by a commercial space with plinth area of 1482 square feets, inspite of the same issue covered by repeated orders of this Hon'ble Court as illegal, irregular, irrational, violative of principles of natural justice contrary to the provisions of the Registration Act, 1908 and rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently to direct the respondents 2 and 3 to register and release the said Sale Deed forthwith”
1.
2. The challenge laid in this writ petition is to the proceedings in Refusal in Proceedings No.Refusal No.2/2025 dated 18.03.2025 issued by Respondent No.3 refusing to register the Lease deed dated 17.03.2025 executed in favour of the petitioner by their vendor on the ground that the subject property is
3 NV,J W.P.No.11787 of 2025 covered by the stay orders of High Court of Andhra Pradesh in CRRMP No.1546 of 2012 in CRP No.1147 of 2012. Heard Sri Balaji Medamalli,
learned counsel for the petitioner and learned Government Pleader for Stamps and Registration.
3. Sri Balaji Medamalli, learned counsel, while reiterating the contents of the writ petition, further contended that neither the petitioner nor her vendor is party to CRP No.1147 of 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.
5. On the other hand, learned Government Pleader for Stamps and Registration justified the action of the registering authority in refusing to register the document.
6. Perused the material available on record and considered the
submissions made by learned counsel for the parties. Vide impugned proceedings, registration of the Lease deed dated 18.03.2025 executed in favour of the petitioner by their vendors was refused. The reasons for refusal are as follows:
7.
4 NVJ W.P.No.11787 of 2025
“The document affects property in Survey Number 647/4B of Kodur Village, Kodur Gram panchayat. The property is covered by the injunction orders of the Hon’ble A.P. High Court in CRPMP No. 1546 of 2012 in CRP No. 1147 of 2012. Hence, registration of the document is refused as per S.0.219 of A.P. Registration Manual Part-11 (as amended by G.O.Ms.No.620 Revenue (Regn.l) Department dated 28.09.2002 read ■ with G.O.Ms.No.497 Revenue (Regn.l) Department dated 7.4.2003.”
8. It is a well established principle of law 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 the specific contention of the learned counsel for the petitioner that neither the petitioner nor her vendor is a party to the proceedings in CRP No.1147 of 2012. Co-ordinate bench of this Court in Writ Petition
9. Nos.9139 of 2012 and 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 writ petitions directing the registering authorities to process the document in accordance with law, in case the petitioner or her vendor or his vendor’s vendor 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 Writ
5 NVJ W.P.No.11787 of 2025 Petition Nos. 9139 of 2012 and 16921 of 2014 and hence similar orders passed therein can be passed in this writ petition. 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, directing the Registering authorities to find out whether the petitioner, or her vendor are parties to the order in CRP No.1147 of 2012 and in case they are not parties, the Registering authority shall process the document in accordance with law and release the same to the petitioner, within a period of four (04) weeks from the date of receipt of 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. There shall be no order as to costs. 10.. 11. With the above direction, writ petition is disposed of. No costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. 12. SD/- A. VENUGOPALA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Principal Secretary, State of Andhra Pradesh, Revenue (Stamps and Registration) Department, Secretariat Buildings Velagapudi Amaravathi Guntur District. 2. The District Registrar, Department of Stamps and Registration Rayachoty, Annamayya District. To. 3. The Sub-Registrar, Pullampeta, Annamayya District. 4. One CC to Sri. Satyanarayana Nimmala, Advocate [OPUC]
5. Two CCs to GP for Registration and Stamps, High Court Of Andhra Pradesh. [OUT]
6.
Three CD Copies sree
HIGH COURT DATED:05/05/2025
ORDER WP.No.11787 of 2025 DISPOSING OF THE W.P.
WITHOUT COSTS