Sree Somappa Cooperative House Building Society v. State Of Andhra Pradesh, Revenue (Stamps And Registration)

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.21683 OF 2015 Between:

Sree Somappa Co-operative House Building Society Limited .. Petitioner(s) And State of A.P. and another .. 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.21683 OF 2015 O R D E R :

Heard.

The petitioner society claims that it has purchased Ac.5.85 cents in Survey No.303 and Ac.0.15 cents in Survey No.304 situated at Pasupula Village, Kurnool District under registered sale deed bearing No.1191/1998, dated 09.03.1998 and also claims to have purchased an extent of Ac.2.00 cents in Survey No.306 in the same village under registered sale deed bearing No.1677/1998, dated 27.03.1998.

After purchasing the said lands, prepared lay out dividing into house plots and that the lay out was approved by the Pasupula Grampanchayat. Thereafter, house plots were allotted to its members and they have been registered in their favour except two plots, who are the purchasers now willing to purchase the said plots. Hence, the petitioner society intends to execute sale deed and register them in favour of the purchasers. However, alleging that the 2nd respondent is insisting for no objection certificate from the revenue authorities, the present writ petition is filed.

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 petitioner 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 petitioner 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.21683 OF 2015 DATE: 21.07.2015 kvrm