Shaik Ghousia, W/O Khasimvali v. The State Of Andhra Pradesh
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR W.P.No.39367 of 2015 ORDER:
Heard.
Though the grievance of the petitioner is that the 5th respondent is not receiving and processing the document presented by the petitioner with regard to the land admeasuring Ac.0-45 cents in Sy.No.309/3 and Ac.0-98 cents in Sy.No.310/1 situated at Dokiparru Village, Medikonduru Mandal, Guntur District, the averments of the affidavit itself show that the land was acquired by the petitioner by way of DKT patta. In view of that, on the face of it, it becomes inalienable. However, the petitioner states that the documents proposed to be presented by the petitioner be received and processed by the 5th respondent without insisting for production of NOC. However, such direction cannot be given, without verifying the nature of land. The issue raised in this writ petition is similar and covered by the judgment of this Court in W.P.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 4th respondent to receive and process the document presented by the petitioner. The 5th 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 document 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 petitioner in terms of Section 71 of the Registration Act. No order as to costs.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_______________________ VILAS V.AFZULPURKAR, J Date: 04-12-2015 Prv
HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.P.No.39367 of 2015 04-12-2015 Prv