Smt.D.Lakshmi Devi v. The State Of Andhra Pradesh, Rep. By Its Principal

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 45920 of 2016 ORDER:

1) Heard learned counsel for the petitioner and Government Pleader for Revenue. With consent of both the parties, the writ petition is being taken up for disposal at the admission stage itself.

2) The present writ petition came to be filed with the following relief:

" issue writ of mandamus to declare the impugned endorsement dated 23.09.2016 issued by the fifth respondent refusing for registration of the document presented by the petitioner in respect of total land admeasuring Ac.8.68 cents in Sy.Nos.17A1, 17A2, 17B1, 17B2, 17B3 and 17B4, situated at Thimmapur Village, Guntakal Mandal, Anantapur District as illegal, improper, arbitrary and against the provisions of Registration Act; and consequently direct the second respondent to delete the land from the prohibited list."

3) A perusal of the material on record would show that earlier the petitioner filed W.P.No.28208 of 2016 to declare the action of the second respondent in insisting the NOC from the revenue authorities for registration of the document in respect of the very same land. By an order dated 26.08.2016 this Court disposed of the writ petition directing the respondent-authorities to receive the documents, if the same are in order as per the provisions of

the Indian Stamp Act and the Registration and if he intends not to register the same he shall record reasons and communicate the same to the parties. Pursuant to which the fifth respondent made the impugned endorsement. Challenging the same the present writ petition came to be filed.

4) Though various grounds are raised in the writ petition, learned counsel for the petitioner would submit that the petitioner made a representation dated 11.11.2016 to the second respondent, for deletion and hence seeks a direction to consider the said representation.

5) Having regard to the facts and circumstances of the case, the present writ petition is disposed of directing the second respondent to consider the representation dated 11.11.2016, if any, made by the petitioner seeking deletion of the property from the prohibitory list, in accordance with law, as early as possible, preferably, within a period of four to six weeks from the date of receipt of a copy of the order. There shall be no order as to costs.

6) Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 28.12.2016 gkv