M. Shahanaz, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.40690 OF 2015 ORDER:

This writ petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the 5th respondent in not receiving and processing the document presented in respect of the Plot No.35 to an extant of Ac.0.04 cents in Sy.No.81 and 82 situated at Sivareddy Nagar, Dinnedevarapadu, Kurnool, Kurnool District for registration is illegal and arbitrary and consequently direct the 5th respondent to receive the document presented by the petitioner in respect of the above land for registration and release the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2. It is reported by the learned counsel for petitioner that the issue in the present writ petition is squarely covered by the orders of this Court in W.P.No.38884 of 2015, dated 01.12.2015.

3. In view of the same, following the aforesaid judgment, this writ petition is also disposed of, directing the 5th respondent to receive and process the document presented by the petitioner for registration in relation to the subject property. In the event the 5th respondent is of the opinion that the document warrants refusal of registration, he shall pass appropriate orders duly recording the reasons for such refusal in accordance with Section 71 of the Registration Act. If, however, the document is found to be complied with all legal requirements, he shall register the same and release it in accordance with due procedure.

4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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A.V.SESHA SAI, J 06.01.2016 SS