Mr.M.Sivaram S/O. Hanumantharayudu v. The State Of Andhra Pradesh
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.36131 OF 2015 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
The petitioner states that he is the owner of the land admeasuring Ac.7.00 in Survey No.751-1A of Kambaduru Village and Mandal, Anantapur District. He states that the said land is his ancestral land and he already holds pattadar passbook and title deeds bearing Patta No.2119 and his name is also recorded in 1-B Register and Adangal Pahani of 1425 F. Alleging that respondent No.4 is insisting on production of 'No Objection Certificate' for receiving and registering the document presented by the petitioner relating to the subject land, the present Writ Petition is filed.
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 petitioner without insisting on production of 'No Objection Certificate' to be obtained by him. The registering authority concerned is further directed to receive and process the document in accordance with the Registration Act, 1908 and the 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 petitioner 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 05.11.2015 KH