i IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAS WRIT PETITION NO: 4789 OF 2025 < sSl ui s s ^ w \o > /. Between: Talikota Sujitha @ Harinagiri Sujitha, W/o. Harinagiri Veeresh Kumar, Aged 53 years, H.No.2-428-124-B3-A, Opp; Madhu Children Hospital, Balaji Complex, Nandyal-518501, Nandyal District. ...PETITIONER AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Stamps and Registration Department, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Inspector General of Stamps and Registration, Government of Andhra Pradesh, Amaravathi - 522237 3. The District Registrar, Nandyal District. 4. The Joint Sub-registrar, Nandyal, Nandyal District. 5. Talikota Krishna Murthy, S/o. Late.Talikota Shivappa, Aged 68 years, R/o. Flat No. 104, Nandi Towers Balaji Complex, Nandyal Town, Nandyal District. ...RESPONDENTS 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 issue an appropriate Writ, Order, or Direction, more particularly a Writ of Mandamus, declaring the inaction of Respondent No.4 in not placing the subject property, bearing Municipal No. 25/251/A, consisting of a Ground Floor and two Upper Floors, with an extent of 238.20 square yards, situated at Sanjeeva Nagar, Nandyal, in the disputed 7 property registry, despite the pendency of I.A. No.561 of 2024 in O.S. No. 136 of 2024 on the file of the Hon’ble Junior Civil Judge, Nandyal illegal, arbitrary, and unconstitutional and Consequently, direct Respondent No.4 to include the subject property in the disputed property registry until the final disposal of O.S. No. 136 of 2024 before the Honble Junior Civil Judge, Nandyal. as 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 4‘^ Respondent to keep the subject property bearing municipal No.25/251/A consisting of Ground and (2) upper floors, extent of 238.20 square yards, situated at Sanjeeva Nagar, Nandyal in the disputed property registry until the disposal of the OS.No. 136 of 2024 on the file of Hon’ble Junior Civil Judge, Nandyal. Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent Nos.1 to 4: SRI T. SANJEEVA RAO, AGP FOR REVENUE (STAMPS AND REGISTRATION) Counsel for the Respondent No.5: — The Court made the following: ORDER APHC010090542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 4789/2025 Between: 1.TALIKOTA SUJITHA @ HARINAGIRI SUJITHA, W/0. HARINAGIRI VEERESH KUMAR, AGED 53YEARS, H.NO. 2-428-124-B3-A, OPP MADHU CHILDREN HOSPITAL, BALAJI COMPLEX, NANDYAL- 518501. NANDYAL DISTRICT. ...PETITIONER AND 1 .THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY REVENUE STAMPS AND REGISTRATION DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE COMMISSIONER AND INSPECTOR GENERAL OF STAMPS AND REGISTRATION, GOVERNMENT OF ANDHRA PRADESH, AMARAVATHI - 522237 3.THE DISTRICT REGISTRAR, NANDYAL DISTRICT. 4.THE JOINT SUBREGISTRAR, NANDYAL, NANDYAL DISTRICT. 5.TALIKOTA KRISHNA MURTHY, S/0. LATE.TALIKOTA SHIVAPPA, AGED 68 YEARS, R/0. FLAT NO. 104, NANDI TOWERS BALAJI COMPLEX, NANDYAL TOWN, NANDYAL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 2 > 1 .THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent(S): 1.GP FOR REGISTRATION AND STAMPS The Court made the following ORAL ORDER: Heard Sri T. Ashok Srivastava, learned Counsel for the Writ Petitioner and Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue, Stamps & Registration. 2. It is the submission of the learned Counsel for the Writ Petitioner that the Unofficial Respondent No.5 is the father of the Writ Petitioner. Unofficial Respondent No.5 has a Son and a Daughter, amongst whom, the daughter is the present Writ Petitioner. 3. It is submitted that the Unofficial Respondent No.5 has filed O.S.No.56 of 2018 for partition on the file of III Additional District Judge, Kurnool at Nandyal. it is the submission of learned Counsel for the Writ Petitioner that Writ Petitioner was not arrayed as Defendant in the suit despite the fact that the Writ Petitioner is also a coparcener. It is also submitted that the Suit bearing O.S.No.56 of 2018 was filed by the Unofficial Respondent No.5 against his son (brother of the Writ Petitioner) and paternal uncles who are five in number. It is further submitted that the said Suit was concluded by a consensual Award passed by the Lok Adalath, vide Proceedings dated 24.01.2019 (Ex.P.4). It is the submission of learned Counsel for the Writ Petitioner that the Unofficial Respondent No.5 (Plaintiff in the Suit) has included the land belonging to the mother of the Writ Petitioner as one of the properties in the Suit Schedule and made it as a subject of partition in the Lok Adalath Award. It is the submission of the learned Counsel for the Writ Petitioner that, any Proceeding passed by the Lok Adalath without impleading the Writ Petitioner as one of the coparcener, does not bind the Writ Petitioner. The Writ Petitioner has filed O.S.No.136 of 2024 seeking to declare the Award of Lok Adalath as nullity and for partitiqn. The Writ Petitioner has also filed 3 I.A.No.561 of 2024 seeking interim direction to the Respondents/Defendants therein not to alienate the said property. It is submitted by the learned Counsel for Writ Petitioner that the same is pending and no Orders have been passed. It is learned by the Writ Petitioner through reliable sources that the Defendants in O.S.No.136 of 2024 are making hectic efforts to create third party rights in respect of the Suit Schedule Properties in O.S.No.136 of 2024. Learned Counsel for the Writ Petitioner would submit that, if the Suit Schedule Properties are alienated during the pendency of the Suit, the same would cause irreparable damage to the Writ Petitioner because the third party rights will be created. 4. This Court notices that the Lok Adalath Award has been passed on 24.01.2019 (Ex.P.4), where, admittedly, the Writ Petitioner is not a party. As per the averments in the present Writ Petition, the Writ Petitioner is the daughter of the Unofficial Respondent No.5 but the Writ Petitioner has not been arrayed as a party either in the Suit or before the Lok Adalat. The Writ Petitioner has also filed O.S.No.136 of 2024 seeking to declare the Award of the Lok Adalat dated 24.01.2019 as null and void and also to partition the Suit Schedule Properties. 5. Having regard to the above facts, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, directing the Junior Civil Judge, Nandyal to consider the I.A.No.561 of 2024 in O.S.No.136 of 2024 and pass a Speaking Order within a period of six weeks It is clarified that this Court has not from today in accordance with law. rendered any opinion on merit. The Trial Court is free to consider the merits of the case and pass a Speaking Order in I.A.No.561 of 2024. Till the Trial Court passes the Final Order in I.A.No.561 of 2024, this Court deems it appropriate to grant temporary protection to the Writ Petitioner by directing all the parties in the Suit as well as the Official Respondents in this Writ Petition not to create any third party rights either by way of lease or sale or through any other mode of alienation. 4 e.with these observations and directions, this Writ Petition stands ^ disposed of. No order as to costs. / 7.Interlocutory Applications, if any, stand closed in t^ms of this order. Sd/- M SRINIVAS ASSISTANT REGISTI^ // //TRUE COPY// SE OFFICER To, 1. The Principal Secretary, Revenue Stamps and Registration Department, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. 2. The Commissioner and Inspector General of Stamps and Registration, Government of Andhra Pradesh, Amaravathi - 522237 3. The District Registrar, Nandyal District. 4. The Joint Sub-registrar, Nandyal, Nandyal District. 5. One CC to Sri Thathireddy Ashok Srivastava, Advocate [OPUC] 6. Two CCs to GP for Revenue(Stamps and Registration), High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. ssb HIGH COURT DATED:24/02/2025 ORDER ^ ANOH^ WP.No.4789 of 2025 0 7 MAR 2C25 c* 3 Current Section ^ 05: DISPOSING OF THE W.P. WITHOUT COSTS