Guduri Vinodh Kumar v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 28558 of 2015 BETWEEN Guduri Vinodh Kumar and another ... PETITIONERS AND The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Hyderabad and others ...RESPONDENTS Date of Order pronounced: 07.09.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

1. Whether Reporters of Local newspapers 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 his Lordship wish to see the Yes/No fair copy of the Judgment?

ORDER:-

Heard.

2. Present writ petition questions the draft memo issued by the Commissioner of Municipal Administration, Stamps and Registration dated 01.12.2011 whereby petitioners' request to receive and register document presented by them with regard to the land admeasuring 435.6 sq.yds., situated in Survey No.190/2 in nearest D.No.11/467 and House No.9-6-8 in Survey No.201 situated at Podili Village and Mandal Prakasam District, is rejected.

3. It is brought to my notice by both the learned counsel that the very same Memo was earlier questioned relating to adjacent land claimed by the petitioner therein in W.P.No.17558 of 2015 disposed of on 18.06.2015, which in turn relied upon earlier order in W.P.No.34689 of 2012 dated 12.12.2012.

4. In view of that, this writ petition is disposed of directing the SubRegistrar, Podili, Prakasam District, to receive and register document that may be presented by the petitioners in respect of their land admeasuring 435.6 sq.yds., situated in survey No.190/2 in nearest D.No.11/467 and House No.9-6-8 in survey No.201 situated at Podili Village and Mandal, Prakasam District, subject to the document being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. Unless there is an order of injunction against the alienation of such properties or restraining the SubRegistrar, Podili, from registering documents in connection therewith such order of injunction having been passed by a Court of competent jurisdiction, it would not be open to the Sub-Registrar, Podili, Prakasam District, to refuse registration.

As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J September 9, 2015 LMV