Angajala Savithramma, v. The State Of Andhra Pradesh, Rep. By The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE FIRST DAY OF JULY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.19584 of 2015 BETWEEN Angajala. Savithramma.

... PETITIONER AND The State of Andhra Pradesh, Rep. by the Principal Secretary, Registration and Stamps (Revenue) Department, Secretariat, Hyderabad and others. ...RESPONDENTS Counsel for the Petitioner: MR. TADDI NAGESWARA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following:

ORDER:

Petitioner intends to execute a sale deed with regard to tiled houses viz D.No.56-1-3 in an extent of 52 sq. feet; D.No.56-1-3/1 in an extent of 352

sq. feet; slabbed house in an extent of 286 sq. yards and an extent of 1170 sq. feet vide assessment No.1092009176, all situated in TS.No.162/2, Salur Village and Municipality, Vizianagaram District and his grievance is that the third respondent is refusing to receive and registerer the documents.

2. As per the averments in the affidavit, it is evident that the petitioner has not presented the documents for registration. It is well settled that even before the presentation of documents the registrar cannot refuse to receive the documents. Therefore, petitioner is at liberty to present the documents.

3. So far as the other grievance of the petitioner that the land is classified as Gramakantam land and is included in the prohibited list is concerned, the said issue is already considered and decided by this Court in WP.No.15645 of 2015 dated 05.06.2015. In view of that, there shall be similar direction in this writ petition as in the aforesaid writ petition: "In view of that, the writ petition is disposed of directing the 2nd respondent to examine the aforesaid decision as well as the G.O., referred to above, and thereafter receive the documents presented by the petitioners as referred to above and process the same in accordance with law. No order as to costs."

4. Petitioner is at liberty to present the documents which he proposes to execute and the third respondent shall receive and process the same. The third respondent shall also examine G.O.Ms.No.187 dated 27.05.2015 issued by the Government of Andhra Pradesh withdrawing the grama kantam lands from the purview of Section 22-A of the Registration Act and accordingly, process the documents. The third respondent is free to pass appropriate orders if the provisions of the Stamp Act and Registration Act are not complied with.

The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. ______________________

VILAS V. AFZULPURKAR, J July 1, 2015 DSK