High Court for State of TelanganaCC/2123/2014closed no costs

Osuri Bala Ramesh, v. Sri B.Sai Krishna Reddy

2015-03-20P Naveen Rao6 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND FIFTEEN

Present

Between:

Osuri Bala Ramesh, S/o. Balanagaiah, Aged 30 years, R/o. D.No.77-50/1-5, Piple Road, Prakash Nagar, Vijayawada - 15, Krishna District.

.. Petitioner AND Sri B. Sai Krishna Reddy, Sub-Registrar, Stamp & Registration Department, Gannavaram, Krishna District.

.. Respondent

The Court made the following:

ORDER:

A direction was issued by this Court in W.P.No.24680 of 2014 on 26.08.2014 to the Sub-Registrar, Gannavaram, Krishna District (respondent), to receive and process the document presented by the petitioner without insisting No

Objection Certificate and in the event the document presented fulfils the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, it should be registered and released. However, if the respondent is of the opinion that the document presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the petitioner.

2. Alleging that the order of this Court is not complied, this contempt case is filed.

3. In response to the notice, dated 08.10.2014, the Sub-Registrar, Gannavaram, Krishna District, filed his counter affidavit. The Sub-Registrar asserts that by order, dated 08.12.2014, the petitioner was asked to present the document along with Pattadar Pass Book and Title Deeds. But so far, no such documents are presented.

4. Learned counsel for the petitioner submits that after receipt of the said letter, the petitioner approached the Sub-Registrar to present the document, but the document was not received.

5. There is no proof of such presentation. I do not see any justification to initiate the contempt proceedings.

6. It is needless to observe that, as already directed in W.P.No.24680 of 2014, as and when the document is presented by the petitioner for registration along with required proof of ownership, the Sub-Registrar, Gannavaram, Krishna District (third respondent in the writ petition), is bound to consider the same.

7. The Contempt Case is, accordingly, closed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this contempt case shall stand closed.

_________________ P.NAVEEN RAO, J

Date: 20th March, 2015 KL