High Court for State of TelanganaWP/1116/2016allowed no costs

B. Ramakrishna Reddy, v. The State Of Andhra Pradesh,

2017-03-07A.Rajasheker Reddy4 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1116 OF 2016 ORDER :

This writ petition is filed seeking writ of mandamus declaring the action of the 5th respondent in refusing to register the sale deed presented by the petitioner in respect of plot Nos.14, 16 & 17 in Sy.No.604, Mamillapalli village fields, Kadapa Municipal Corporation, Kadapa Y.S.R.District to an extent of 435.6 sq.yds as illegal and arbitrary.

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.

Learned counsel for the petitioner submits that in respect of the same survey number i.e., 604 of Mamillapalli Village fields, two writ petitions i.e., W.P.Nos.7692 of 2011 and 23014 of 2013 were filed and the same were disposed of directing the 5th respondent to receive and register the document presented by the petitioners therein.

Though the learned Assistant Government Pleader for Revenue produced written instructions dated 23.01.2016 of the 4th respondent, there is no denial of disposal of the writ petitions in similar circumstances referred to supra, though it is pleaded in the writ petition.

Following the reasons alike in the judgment dated 19.01.2012 in W.P.No.7692 of 2011 and dated 04.09.2013 in W.P. No.23014 of 2013, this petition is allowed directing the SubRegistrar, Kadapa (Rural), to receive and process the document

presented by the petitioner relating to the subject land without treating the same as Government land. In the event the document presented is found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the SubRegistrar, Kadapa (Rural), shall complete the registration formalities and release the document in accordance with the due procedure.

There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stands dismissed.

____________________________ A.RAJASHEKER REDDY, J 07.03.2017 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.1116 OF 2016 Date: 07.03.2017 kvs