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High Court for State of TelanganaWP/39717/2015disposed of no costs

Harijana Narayanaswamy, v. The State Of Andhra Pradesh Rep. Through Its Principal

2015-12-08Vilas V.Afzulpurkar2 pages

THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.39717 OF 2015 ORDER:

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

The petitioners state that they are the absolute owners of the lands admeasuring Acs.2.37 cents and Acs.2.36 cents in Survey Nos.30-1B2 and 30, respectively, of Maneela Village, Anantapur Mandal and District, and the same are their ancestral properties. They also state that they hold pattadar passbooks and title deeds showing that they are the absolute owners of the property. The grievance of the petitioners is that the Joint Sub-Registrar, Anantapur Rural, Anantapur District, the 4th respondent, is not receiving and processing the document presented by them for registration. They claim that there is no Governmental interest involved in the said lands and there is no impediment for registering the document presented by the petitioners for sale. 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 document presented by the petitioners 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 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 08.12.2015 KH