Ravuri Krishna Murthy Shetty v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.26544 OF 2017 Dated:09.08.2017 Between:

Ravuri Krishna Murthy Shetty, S/o. Ravuri Subbaiah, aged About 70 years, Occ: Agriculture, R/o.Angalla Bazar Street, Bethamcherla Village and Mandal, Kurnool District .. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Revenue (Stamps And Registration) Department, Secretariat, Velagapudi, Amaravati, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.26544 OF 2017 ORDER:

Petitioner No.1 claims that he purchased land to an extent of Ac.1.30 cents in Survey No.211/B of Bethamcherla Village and Mandal, Kurnool District in the years 1980 and 1983 by two separate registered sale deeds. Later, he gifted a portion of land to an extent of Ac.0.28 cents to his son (2nd petitioner). Petitioners now intend to sell the said portion of land and presented the document for registration. But, the respondent authorities refused to receive the document and insisted them to produce No Objection Certificate (NOC) from the revenue authorities. Hence, the Writ Petition.

2.

No proof is filed in support of the contention that a request was made by the petitioners for issuance of NOC and no further material is filed to show that sale transaction is already made and document is sought to be presented before the Joint Sub Registrar, Bethamcherla, Kurnool District, the 2nd respondent, for registration and the 2nd respondent refused to receive the same. 3.

On the contrary, learned Government Pleader for Revenue produced a copy of extract of the revenue records and contended that in Survey No.211/B the total extent of land is only Ac.0.65 cents and same stands in the name of Ravuri Krishna Murthy (Subbaiah), whereas in the prayer sought in the Writ Petition, the petitioners now seek direction for issuance of NOC to undertake sale transaction for Ac.1.30 cents of land, which is not permissible. If what is contended by learned Government Pleader is true, then

the claim of the petitioners itself is not maintainable. At any rate, as no proof is filed in support of request made to issue NOC no relief can be granted. For the reasons stated above, the Writ Petition is liable to be dismissed.

4.

The Writ Petition is accordingly dismissed. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:09.08.2017 KH