Kamatham Eswaraiah v. The State Of A.P.

IN THE HIGH COURT OF JUDICATURE AT

HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH W.P.No. 28602 of 2015 Between:

Kamatham Eswaraiah ... Petitioner/ and The State of A.P. and others ... Respondent/s DATE OF JUDGMENT PRONOUNCED: 18.9.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR Whether Reporters of Local newspapers may be allowed to see the Judgments?

No Whether the copies of judgment may be marked to Law Reports/Journals No Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 28602 of 2015 ORDER:

Heard learned counsel for the parties.

The petitioners seek to register a document in respect of lands mentioned in the prayer, but the 4th respondent refused to entertain the document on the ground the property is included in the prohibitory list furnished by the 3rd respondent. The petitioners placed strong reliance upon the registration of document bearing No. 3784/2015, dated 11.3.2015 and the orders of this Court dated 19.11.2014 in W.P.No. 35051 of 2014. Since the land of the petitioners is stated to be the same category, in terms of orders dated 22.6.2015 in W.P.No. 17809 of 2015 and batch, this writ petition is disposed of directing the 4th respondent to receive and process the document presented by the petitioners without insisting upon the no objection certificate to be obtained by them. The 4th respondent is further directed to

receive and process the document in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and if the document is in conformity with the provisions, thereafter register and release the documents in accordance with the due procedure. It is also made clear that in the event of registering authority not being satisfied with the compliance under the Registration Act or the Stamp Act, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioners in terms of Section 71 of the Registration Act. Miscellaneous applications, if any, shall stand closed. No order as to costs.

_________________________ VILAS V. AFZULPURKAR, J Dt. 18.9.2015 NB:

CC of order be furnished in one week.

/BO/ KR