Idadasari Ramulamma W/O Late Idadasari Tatha v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21556 of 2015 BETWEEN Idadasari Ramulamma.

... PETITIONER AND The State of Andhra Pradesh, Rep. by Principal Secretary, Department of Revenue, Stamps and Registration, Secretariat, Hyderabad and others. ...RESPONDENTS Counsel for the Petitioner: MR. V. Y. PRABHUVU Counsel for the Respondents: GP FOR REVENUE (AP) The Court made the following:

ORDER:

The grievance of the petitioner in this writ petition is that the fourth respondent is insisting upon No Objection Certificate for registration of his

private patta land land in an extent of Ac.0.70 cents in Sy.No.28/4; in an an extent of Ac.0.72 cents in Sy.No.28/12 and in an extent of Ac.0.37 cents in Sy.No.28/18 total admeasuring Ac.1.79 cents situated in Kothavalasa, Jayanthivari Agraharam village, Bheemunicpatnam Mandal, Visakhapatnam District.

2. The issue raised in this writ petition is squarely covered by the judgment of this Court in WP.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 upon the no objection certificate to be obtained by him. The registering authority concerned is further directed to receive and process the documents in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and if the document is in conformity with the provisions of the aforesaid enactments, 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 petitioner in terms of Section 71 of the Registration Act.

As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J July 14, 2015 DSK