IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION NO: 2301 OF 207^ ^— AMARAVATI PRASAD Between: Smt.S.Padmavathi. W/o Chandaka Arjuna Rao Checking Inspector, A.P. Civil Suppliers Visakapatnam, Age 45 years, Occ: Senior Officer, Circle-Ill, Gajuwaka, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Stamps and Registration Department, Secretariat, Velagapudi, Guntur Dist. 2. The Deputy Registrar of Chits/Arbitrator and District Registrar, O/o VMRDA Office, VUDA Building 6th Floor, Siripuram Junction Visakhapatnam Town, Visakhapatnam Dist. 3. M/s Margadarsi Chit Fund Pvt. Ltd. Seethammapeta Branch Visakhapatnam, rep. by its Manager, K.Rama Krishna Venkateswara Rao Age 48 years, R/o Visakhapatnam. S/o late ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ or direction preferably writ of mandamus declaring the action of the 1st respondent in not considering and dispose of the appeal filed by the petitioner on 28-11-2024 as Funds Act, 1982 filed against the Award Dispute 62/2020 dt( 11-4-2023 without issuing any notice to the petitioner as illegal, arbitrary and violative of principles of in may per Section 70 of Chit passed by the 2nd respondent in before passing awan natural justice and consequently direct the 1®* respondent to consider and dispose of the appeal within a reasonable. 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 Suspend the operation of the order passed in EP No. 150/2023 dt:3-9-2024 on the file learned Principle Civil Judge (Senior Division) at Visakhapatnam, pursuant to the award passed by the 2nd respondent in Dispute No.62/2020 dt;/1-4- 2023, pending disposal of the writ petition. lA NO: 2 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 Suspend the operation of the award passed by the 2 respondent in Dispute No.62/2020 djt^^ 1-4-2023, pending dispose of the appeal in the interest of justice. ^ nd Counsel for the Petitioner: SRI SK. RAFI FOR SRI M. M. M. SRINIVASA RAO Counsel for the Respondent Nos.1 & 2: SRI K. ARJUN CHODHARY, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.3: SRI K.M.R. BALA PRASAD representing SRI P. DURGA PRASAD, SC The Court made the following: ORDER 1 APHC01004114202S IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2301/2025 [3328] THE Between: 1.SMT.S.PADMAVATH1, W/0 CHANDAKA ARJUNA RAO YEARS OCC SENIOR CHECKING INSPECTOR, SUPPLIERS OFFICER. CIRCLE-ILL, GAJUWAKA, VISAKAPATNAM, ...PETITIONER AGE 45 A.P.CIVIL AND PRADESH, REP.BY ITS PRINCIPAL AND REGISTRATION DEPARTMENT 1.THE STATE OF ANDHRA STAMPS SECRETARY SECRETARIAT, VELAGAPUDI, GUNTUR DIST. REGISTRAR OF CHITS/ARBITRATOR AND DISTRICT VMRDA OFFICE, VUDA BUILDING 6TH FLOOR, TOWN, 2.THE DEPUTY REGISTRAR, 0/0 SIRIPURAM VISAKHAPATNAM DIST. VISAKHAPATNAM JUNCTION FUND PVT LTD. SEETHAMMAPETA manager, K.RAMA 3. M/S MARGADARSI CHIT BRANCH. VISAKHAPATNAM. REP.BY ITS wcadq p/n VENKATESWARA RAO AGE 48 YEARS, R/0 KRISHNA S/0 LATE VISAKHAPATNAM. ...RESPONDENT(S): Counsel for the Petitioner; 1.M M M SRINIVASA RAO Counsel for the Respon^nt(S); 2 1.GP FOR REGISTRATION AND STAMPS The Court made the following: ORAL ORDER: Heard Sri Sk. Rafi, learned Counsel appearing on behalf of Sri M.M.M. Srinivasa Rao, learned Counsel for the Writ Petitioner, Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Stamps & Registration appearing for the Respondent Nos.1 & 2 and Sri K.M.R. Bala Prasad, learned Counsel representing Sri P. Durga Prasad, learned Standing Counsel for the Respondent No.3. Sri Sk. Rafi, learned Counsel appearing on behalf of Sri M.M.M. Srinivasa Rao, learned Counsel for the Writ Petitioner, submits that the Writ Petitioner has filed an Appeal on 28.11.2024 challenging the Award passed by the Deputy Registrar of Chits/Arbitrator & District Registrar, Visakhapatnam (Respondent No.2 herein) dated 11.04.2023 in Dispute No.62/2020 (Ex.P.2). It is submitted by the learned Counsel for the Writ Petitioner that the Appellate Authority has not numbered the Appeal so far and that the Writ Petitioner is apprehensive that the Competent Authority may execute the Award to the detriment of the Petitioner. Learned Counsel would also submit that the Writ Petitioner has filed an Interlocutory Application also seeking stay of the Order passed by the Respondent No.2 dated 11.04.2023. He would submit that neither the Appeal nor the Interlocutory Application has been numbered and considered by the Respondents. 2. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into the merit, directing the Respondent No.1 to number the Appeal and the Interlocutory Application (I.A) filed by the Writ Petitioner dated 28.11.2024 within a period of two weeks from today. After numbering of the Appeal and the Interlocutory Application, the Respondent No.1 is directed to consider the 3. 3 I.A and pass a Speaking Order within a period of four weeks thereafter and communicate a copy of such Order to all the interested parties. Needless to state that the Respondent No.1 is obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioner herein and the Unofficial Respondent No.3 herein, consider their submissions/objections and documents, if any, before passing the final order. There shall be a direction suspending the Award passed by the Respondent No.2 dated 11.04.2023 bearing Dispute No.62/2020 (Ex.P.2) till the disposal of the I.A. With these observations and directions, this Writ Petition stands disposed of. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 4. 5. 6. 7. SD/- K. KASIRAO ACHARi ASSISTANT REGISTRAR / //TRUE COPY// PFICER SECT To, The Principal Secretary, Stamps and Registration Department, State of Andhra Pradesh, Secretariat, Velagapudi, Guntur Dist. The Deputy Registrar of Chits/Arbitrator and District Registrar, O/o VMRDA Office, VUDA Building 6th Floor, Siripuram Junction Visakhapatnam Town, Visakhapatnam Dist. The Manager, M/s Margadarsi Chit Fund Pvt. Ltd., Seethammapeta Branch, Visakhapatnam, K.Rama Krishna S/o late Venkateswara Rao Age 48 years, R/o Visakhapatnam. One CC to Sri M. M. M. Srinivasa Rao, Advocate [OPUC] One CC to Sri P. Durga Prasad, SC for M/s Margadarsi Chit Fund Pvt. Ltd [OPUC] Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. ssb 4 HIGH COURT i ' 1. • DATED:03/02/2025 ORDER WP.No.2301 of 2025 anos^ u> S 13 FEB 2025 mi S. Co, ^ Current Section . ^S^SPATCVAt^x^ DISPOSING OF THE W.P. WITHOUT COSTS