High Court for State of TelanganaWP/19644/2015disposed of no costs

H.Obilesu, v. The State Of A.P.

2015-07-01Vilas V.Afzulpurkar2 pages

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.19644 of 2015 BETWEEN H. Obilesu and others.

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

ORDER:

The grievance of the petitioners in this writ petition is that the fourth respondent is insisting upon No Objection Certificate for registration of land

admeasuring Ac.5.00 cents in Sy.No.67-1 of Kurugunta village, Anantapuram Mandal and District.

2. The issue raised in this writ petition is squarely covered by the judgment of this Court in WP.No.17809 of 2015 and batch dated 22.06.2015. In view of the same, following the aforesaid judgment, this writ petition is also disposed of directing the registering authority concerned to receive and process the document presented by the petitioners without insisting upon the no objection certificate to be obtained by him. The registering authority concerned is further directed to receive and process the documents 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 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.

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