In Writ Appeal No. 305 of 2012, the High Court dismissed the appeal filed by the Government of A.P. against an order setting aside the non-registration of sale deeds. The bench found no reason to interfere with the single judge's order holding the collection of documents illegal.
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HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.305 OF 2012
Dt: 07-08-2012.
Between: GOVT. OF A.P., REP. BY ITS PRINCIPAL SECRETARY REVENUE (JA) DEPT., SECRETARIAT, HYDERABAD AND OTHERS .. APPELLANT AND
DR.T.E.KASTURI AND OTHERS .. RESPONDENTS
HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
WRIT APPEAL NO.305 OF 2012
JUDGMENT: (Per THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)
This writ appeal is directed against an order passed by the Hon’ble single Judge on 25-01-2012 in W.P.No.11457 of 2011, which was filed praying to issue a Writ of Mandamus declaring the action of the 5th respondent in not registering the conveyances presented by the petitioners under the pretext that there are prohibitory orders issued by the 2nd respondent on 19.03.2008 in Roc.No.F1/2881/97, in pursuance to the interim directions of the Hon’ble Lok Ayukta in Complaint No.253/2008 dated 11.03.2008, which has been vacated in view of the final orders passed on 20.06.2008 as illegal, arbitrary and violative of principles of natural justice and fair play and consequently to direct the 5th respondent to register the sale deed and further to direct the respondents 1 to 4 to take necessary steps in pursuance thereof. The Hon’ble single Judge after hearing learned counsel for the parties came to the conclusion that an act of sensation, brought into existence by a news reporter has given rise to considerable litigation before the Lok Ayukta. It was further stated by the Hon’ble single Judge that taking the news item on its face value, the Lok Ayukta took suo motu cognizance of the matter and issued interim orders directing the District Collector, Chittoor to submit a report in the matter and also directed that no sale transaction shall take place in respected of the matter until final orders are passed. However, the Lok Ayukta after receiving the report of the District Collector, Chittoor finally found that there is no truth in the allegation and closed the complaint. But, the 2nd respondent-District Collector did not withdraw the said
communication. In those circumstances, the Hon’ble single Judge allowed the writ petition by setting aside the communicated dated 19.03.2008 and the 5th respondent therein was directed to process the documents to be presented by the petitioners in accordance with law.
Being aggrieved and dissatisfied with the said order, this writ appeal has been filed by the State.
Learned Government Pleader has also filed additional material papers in this writ appeal. In our opinion, they are not required for us to consider at this stage. However, the State shall be at liberty to take such steps before the appropriate forum, in accordance with the provisions of law.
Having heard learned counsel for the parties and after considering the facts of the matter in question, we do not find any reason to interfere with the order passed by the Hon’ble single Judge on the basis of the material placed before us.
There is no merit in this writ appeal and the same is dismissed.
( PINAKI CHANDRA GHOSE, ACJ )
( VILAS V.AFZULPURKAR,
J )
Dt: 07-08-2012. TNB
2 issues framed by the court
Whether the writ appeal filed by the State Government should be allowed against the order setting aside the non-registration of conveyances.
Whether there is any merit in the writ appeal filed by the State Government.
GOVT. OF A.P., REP. BY ITS PRINCIPAL SECRETARY REVENUE
DR.T.E.KASTURI
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
