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High Court for State of TelanganaWP/39974/2015disposed of no costs

Kalvakuri Vengaiah, v. The State Of Andhra Pradesh, Rep. By Its Principal Secretary

2015-12-09Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.39974 OF 2015 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

The petitioners state that their father is the absolute owner and possessor of the land admeasuring Ac.0.90 cents in Survey No.1069/2C of Rangasamudram, Porumamilla Mandal, Y.S.R. Kadapa District. They state that said land was purchased by their father under registered document Nos.1229 of 1939 and 1401 of 1940, dated 04.09.1939 and 02.10.1940 from his vendors. They further state that there is no Governmental interest involved in the said land. However, the Sub-Registrar, Badvel, Y.S.R. Kadapa District, the 5th respondent, is refusing to entertain the sale deeds presented by the petitioners for registration. Hence, the Writ Petition.

The issue raised in this Writ Petition is squarely 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 registering authority concerned to receive and process the documents presented by the petitioners in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and if the documents are in conformity with the provisions, thereafter register and release the same 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 Indian Stamp Act, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioners in terms of Section 71 of the

Registration Act. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 09.12.2015 KH