Santireddy Kishtamma v. The State Of Andhra Pradesh, Revenue ( Registration And

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 36560 of 2015 BETWEEN Santireddy Kistamma ... PETITIONER AND The State of Andhra Pradesh, Revenue (Stamps & Registration) Department and others ...RESPONDENTS Date of Order pronounced: 09.11.2015 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 learned counsel for the petitioner and learned Government Pleader for Revenue.

2. Petitioner questions the action of the sixth respondent in insisting upon production of No Objection Certificate (NOC) from respondent Nos.3 and 4 for taking up registration of the document presented by the petitioner with regard to Ac.3-00 of land in survey No.498/A at Yekollu Village, Doravari Sathram Mandal, SPSR Nellore District. Petitioner claims to be a displaced person from Sriharikota Village. Along with many other assignees, petitioner was also granted the aforesaid land and she places reliance upon a Memo issued by the Government viz., Memo No.97344/Asn.II(3)/92-11 dated 16.09.2000, which was already considered by this Court in W.P.No.21433 of 2012 dated 16.11.2012.

3. The order in the aforesaid writ petition clearly applies to the petitioner's case. In view of that, there shall be a similar direction, as extracted below, in the writ petition referred to above.

"In that view of the matter, as the petitioner is entitled to alienate the land in question in view of Memo dated 16.09.2000 issued by the Government, I deem it appropriate to direct respondent Nos.5 and 6 to receive and process the document that may be presented by the petitioner for registration without insisting on submission of No objection certificate from the revenue authorities, by taking into account Memo No.97344/Asn.II(3)/92-11 dated 16.09.2000, issued by the Government. However, it is open to respondents 5 and 6 to scrutinize the documents whether they are in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908."

With the above direction, 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 November 9, 2015 LMV