L.Sreenivasulu S/O L.Venkataswamy v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.39706 OF 2015 ORDER:

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

The petitioner seeks to alienate the land admeasuring Acs.5.34 cents in Survey No.513 of Bogasamudram Village, Tadipatri Mandal, Ananatpur District, and is aggrieved by the action of the Joint SubRegistrar, Yadiki, Anantapur District, the 4th respondent, in not receiving and processing the document presented by him with regard to the aforesaid land. The petitioner states that the said land was purchased by his grand-father in the year 1974 under a registered sale deed and he has encumbrance certificate from 1952 onwards. He claims that there is no Governmental interest involved in the said land and there is no impediment for registering the document presented by the petitioner for sale.

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 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 petitioner in terms of Section 71 of the Registration Act. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 08.12.2015 KH