T. Ramanaik v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.33553 OF 2015 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

The petitioner claims that he is the owner of Ac.2.98 cents in Survey Nso.270 of Kurugunta Village, Anantapur Mandal and District. He also claims that his name is found in 1-B Registrar and he is also issued pattadar passbook and title deed for the subject land. The grievance of the petitioner is that since no Government interest is involved in the said land, the document proposed to be executed by the petitioner, namely, the agreement of sale is not being received and processed by the Joint Sub-Registrar, Anantapur Urban, Anantapur District, the 4th respondent.

The issue raised in this Writ Petition is squarely covered by the judgment of this Court in W.P.No.17809 of 2015 and batch, dated 22.06.2015. In view of the same, following the aforesaid judgment, this Writ Petition is also disposed of directing the registering authority concerned to receive and process the document presented by the petitioner without insisting on production of 'No Objection Certificate' to be obtained by him. The registering authority concerned is further directed to receive and process the document in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and if the document is in conformity with the provisions, thereafter register and release the same in accordance with the due procedure. It is also made clear that in the event of registering authority not being satisfied with the compliance under the Registration Act or the Indian Stamp Act, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioners in terms of Section 71 of the

Registration Act. No order as to costs.

Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 12.10.2015 KH