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High Court for State of TelanganaWP/22330/2015disposed of no costs

Sri S.Subramanyam Pillai, v. The State Of Andhra Pradesh,

2015-07-21Vilas V.Afzulpurkar5 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

For the State of Telangana and the State of Andhra Pradesh MAIN CASE NO: W.P.NO.22330 OF 2015 Between:

Sri S.Subramanyam Pillai and another .. Petitioner(s) And State of A.P. and others .. Respondent(s) DATE OF JUDGMENT PRONOUNCED: 21.07.2015 SUBMITTED FOR APPROVAL:

1. Whether Reporters of Local news papers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?

WRIT PETITION No.22330 OF 2015 O R D E R :

Heard.

The petitioners claim ownership over the house Nos.4-94 and 4-94/B situated at Mitta Street, Tiruchanoor, Tirupati Rural Mandal, Chittoor District, stated to be existing in 200 sq. yards in Survey No.303, Ward No.3, Yanadi Colony. The petitioners claim that their mother was owner of the said land, who has gifted through gift deeds dated 08.06.1998 and 01.06.1998 to the extents of 108 sq. yards and 92 sq. yards respectively to each of them. When the petitioners are constructing their houses in the said private patta land and not Government land, the revenue people are requiring to obtain no objection certificate from the revenue authorities, though it was point out to them that their mother had purchased the said land under a registered sale deed document No.388.1991 and since then the petitioners are in possession. Similar matters were already considered and disposed of by this Court in W.P.No.17809 of 2015 and batch on 22.06.2015.

In view of the same, following the aforesaid judgment, this writ petition is also disposed of directing the registering authorities concerned to receive and process the document presented by the petitioners without insisting

upon the no objection certificate to be obtained by them. The registering authorities 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 document 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 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 pending in this writ petition, if any, shall stand closed. No costs.

___________________________ VILAS V.AFZULPURKAR, J 21.07.2015 Kvrm

WRIT PETITION No.22330 OF 2015 DATE: 21.07.2015

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