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High Court for State of TelanganaWP/11537/2018allowed no costs

Shaik Habibulla v. The State Of Andhra Pradesh,

2018-04-09P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.11537 OF 2018 Dated:09.04.2018 Between:

Shaik Habibulla, S/o.Kasimfeera, Aged about 38 years, Occ: Agriculture, Door No.7-196A, Majeed Thota, Podili Village, Town & Mandal, Prakasam District.

.. Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary to Revenue Department, A.P.Secretariat, Velagapudi, Amaravathi, Guntur District and another.

.. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.11537 OF 2018 ORDER:

This writ petition is filed declaring the proceedings of the 2nd respondent in Draft Memo No.G2/19134/2011, dated 01.12.2011 as illegal and arbitrary and for a consequential direction to the 4th respondent to receive and register the documents that may be presented by the petitioner for registration in respect of the property pertaining to Plot Nos.16 and 17, admeasuring 60-00 feets East-West and 30-00 feets North-South respectively, situated in Survey No.190/2 of Podili Village and Mandal, Markapuram Revenue Division, Prakasam District, without reference to the Memo dated 01.12.2011.

2.

When the writ petition is taken up for hearing, it is represented by the learned counsel for the petitioner that this Court in similar circumstances disposed of W.P.No.39537 of 2015 and batch, vide order dated 07.12.2015.

3.

For the reasons alike, this writ petition is allowed, setting aside the Memo No.G2/19134/2011, dated 01.12.2011 issued by the 2nd respondent. There shall be a consequential direction to the Sub-Registrar, Podili, to receive and process the documents presented by the petitioner in respect of the subject property without reference to the order

dated 15.03.2011 of the High Court of Madras in Contempt Petition No.1205 of 2010. In the event, the documents presented are found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar, Podili, shall complete the registration formalities and release the documents, in accordance with due procedure.

4.

Miscellaneous petition pending consideration, if any, in this case shall stand closed as consequence. No order as to costs.

___________________ P.NAVEEN RAO, J 09.04.2018 SS