Chikkudu Rosaiah v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.8029 of 2018 Order:

Heard learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. The petitioners state that they are the absolute owners and possessors of the agricultural land of an extent of Ac.4-89 cents in Survey No.683/2B and Ac.3-39 cents in Survey No.683/2C situated at Peddakandukuru Revenue village, Ardhaveedu Mandal, Prakasam District, having purchased the same under registered sale deeds. Their names were mutated in the revenue records and separate pattadar passbooks and title deeds were issued to them in respect of the said lands. When the petitioners intend to sell the said lands to some third parties and presented the document for registration, the fifth respondent is insisting for No-objection Certificate from the respondents 2 to 4. Challenging the same, they 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 fifth 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 fifth respondent to receive the document, if any, presented by the petitioners and take action in accordance with the provisions of the Registration Act, without insisting for NOC. If the fifth 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