Rizwan Basha, v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.38073 OF 2015 ORDER :

This writ petition is filed seeking writ of mandamus declaring the action of the 5th respondent in insisting the petitioner to get No Objection Certificate from the respondents 2 to 4 in respect of the land admeasuring for an extent of Plot No.165 in Sy.No.351-1, situated at Kalyandurg Village, Vidyanagar, Anantapur District and not informing the stamp duty and registration charges payable to the Registrar in respect of the subject land, in favour of the petitioner as illegal and arbitrary and consequently to direct the 5th respondent to process the documents presented by the petitioner for registration and release the same without insisting No Objection Certificate. It is stated by the learned counsel for the petitioner that the lis in this writ petition is squarely covered by the orders of this Court in W.P.No.17809 of 2015 and batch, dated 22.06.2015 and same is not disputed by the learned Assistant Government Pleader for Revenue.

Heard Sri M.Karibasaiah, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. For the reasons alike in the common judgment in W.P.No.17809 of 2015 and batch, dated 22.06.2015, this writ petition is disposed of directing the Sub-Registrar, Kalyandurg, Anantapur District, to receive and process the documents presented by the petitioner without insisting upon NOC and in the

event the document presented fulfils the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, he shall register and release the document in accordance with the due procedure.

If, however, the Sub-Registrar, Kalyandurg, Anantapur District, is of the opinion that the documents presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1908.

There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stands closed.

Let a copy of the order in W.P.No.17809 of 2015 and batch, dated 22.06.2015 be annexed with this order.

____________________________ A.RAJASHEKER REDDY, J 16.09.2016 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.38073 OF 2015 Date: 16.09.2016 kvs