Boggu Sridevi v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.8040 of 2018 Order:

Heard learned counsel for the petitioner and learned Government Pleader appearing for the respondents.

The petitioner states that she is in possession and enjoyment of House bearing No.22-49-1, admeasuring 0.02 cents, situated in Survey No.530 of Revenue Ward No.22, Dharmavaram Town, Anantapur District, having inherited the same from her mother who in turn inherited the same from her father. Her mother constructed the said house and obtained electricity and water connections. Now the petitioner has been residing in the said house by paying necessary property tax. When the petitioner intends to sell the said property to some third parties and approached the fourth respondent for registration of the document, the fourth respondent is insisting for No-objection Certificate from the revenue authorities. Challenging the same, she filed the present Writ Petition. It is needless to observe that when a properly drafted document is presented for registration complying with all formalities, the fourth respondent has no alternative except to receive the said document and he cannot refuse to receive the document.

In the circumstances, the Writ Petition is disposed of directing the fourth respondent to receive the document, if any, presented by the petitioner and take action in accordance with the provisions of the Registration Act, without insisting for NOC. If the fourth respondent cannot register the said document for any reason, he has to make an endorsement to that effect and pass an order in accordance with Section 71 of the Registration Act.

The Writ Petition is, accordingly, disposed of. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs.

___________________________ A.RAMALI NGESWARA RAO, J Date: 13.03.2018 Nsr