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High Court for State of TelanganaWP/25070/2014dismissed no costs

S.Noorjahan, v. The State Of Andhra Pradesh,

2015-03-03S.V.Bhatt3 pages

THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.25070 of 2014 Between:

S. Noorjahan PETITIONER AND

1. The State of Andhra Pradesh, rep. by its Principal Secretary, Stamps and Registration Department, Secretariat Buildings, Hyderabad, and others.

RESPONDENTS

ORDER:

The petitioner prays for Mandamus directing the respondents to receive the document for registration in respect of land to an extent of Ac.2.43 cents in Sy.No.413 (Old Sy.No.287) situated at Kunaturu Village, Dharmavaram Mandal, Ananthapur District and pass order in accordance with law.

The case of the petitioner is that through document No.156/1928 dated 15.03.1928 one Smt. Sakheenabee has purchased the property covered by the petition land. The petitioner claims the property as private property, in anticipation of refusal, the jurisdiction of this Court under 226 of the constitution of India is invoked.

The writ prayer in anticipation of refusal to receive or communication of any rejection order, Mandamus cannot be issued. The petitioner claims that Sy.No.413 (Old Sy.No.287) does not come within the prohibitory circumstances under Section 22-A of the Registration Act, 1908. These are matters for consideration and decision by the Sub-Registrar as and when a document is presented. As and when the petitioner presents a document in respect of Sy.No.413 (Old Sy.No.287), the 3rd respondent is to receive and pass appropriate orders in accordance with the Registration Act. The 3rd respondent is further directed to take note of the earliest registrations, and if necessary, obtain appropriate clarification from the 4th respondent and complete the registration.

With the above observations, the writ petition is dismissed. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed. ________________ S.V. BHATT, J.

3rd March, 2015

Js.