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High Court for State of TelanganaWP/26437/2015disposed of no costs

K.Sampath Kumar v. The State Of Andhra Pradesh,

2015-08-20Vilas V.Afzulpurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 26437 of 2015 BETWEEN K.Sampath Kumar ... PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department and others ...RESPONDENTS Date of Order pronounced: 20.08.2015 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. Petitioner intends to sell flat No.103 in a residential complex called Teja Deluxe Apartments situated in S.No.98/1A, Vittalnagar, Kurnool. However, the presentation of sale deed is alleged to have been refused by the second respondent on the ground that the said apartment building stands in the name of Government and that it is a Governmental property.

3. Petitioner relies upon refusal of the then District Registrar in consideration and registration of the sale deed relating to flat No.503 and 403 of the same apartment, which was subject matter of W.P.No.6811 of 2010 before this court. Said writ petition was already disposed of on 29.06.2010 directing the registering authorities to entertain petitioner's documents for registration subject to compliance with necessary procedure and other formalities.

4. Since petitioner's flat also is from the same apartment complex, writ petition is disposed of following the aforesaid order directing the second respondent to receive and process the sale deed, which petitioner proposes to execute and register relating to flat No.103, as stated above, in accordance with the Registration Act, 1908, and Indian Stamp Act, 1899, and if the documents are in conformity with the provisions of the aforesaid enactments, 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 Acts aforesaid, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioner in terms of Section 71 of the Registration Act.

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

_____________________ VILAS V. AFZULPURKAR, J August 19, 2015 LMV