Bandaru Gangulappa, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.36859 of 2014 Between:

Bandaru Gangulappa PETITIONER AND

1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, and others.

RESPONDENTS

ORDER:

The petitioner prays for Mandamus declaring the action of the 4th respondent in insisting for no objection certificate for the registration of the land in favour of the third parties in respect of the land in Sy.No.1008-3 an extent of Ac.2-69 cents situated at Mutyala Cheruvu Village, Kadiri Mandal, Ananthapur District, in favour of third parties, as illegal and arbitrary.

The payer presupposes that the petitioner, in fact, presented a document and the Sub-Registrar insisted upon producing 'No Objection Certificate' from Revenue Department.

From the material available on record, it does not appear that any effort to present a document, as claimed by the petitioner, can be inferred. I do not see that in fact, the petitioner presented a document and that the Sub-Registrar insisted upon production of 'No Objection Certificate'. On the ground that there is no cause of action as on date, the writ petition is dismissed. The dismissal of writ petition shall not be treated as this Court expressing any view on the right of the petitioner to present a document under the Registration Act, 1908 as and when the document is presented. It is for the 4th respondent-Sub-Registrar to consider the document within the four-corners of law including the objections under Section 22-A of the Act and pass appropriate orders in accordance with law.

With the above observations, the writ petition is dismissed. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. ________________

S.V. BHATT, J.

3rd March, 2015 Js.