Gujjala Rukminamma, W/O. E. Polappa, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.24921 of 2015 BETWEEN Gukkala Rukminamma.

... PETITIONER AND The State of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat, Hyderabad and others.

...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 11.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioner claims to be owner of Ac.1.00 cents of land out of Ac.5.18 cents in Sy.No.95/1D of Kakkalaplli village, Anantapur Mandal and District. Petitioner further states that she acquired the said property from her grandfather and father when her father executed a gift deed bearing document No.7683 of 1987 dated 04.09.1987 in her favour. Petitioner seeks to alienate the said land but alleges that the fifth respondent is requiring the petitioner to produce No Objection Certificate from the revenue authorities. Petitioner states that her brother's wife had already approached this Court on the same complaint with respect to Ac.4.18 cents in the same survey number and this Court disposed of the writ petition viz. WP.No.3749 of 2014 by order dated 11.02.2014.

2. Since the petitioner claims that the land is a patta land without there being any Governmental interest and is not a land assigned under political sufferers or ex-serviceman category, insistence upon NOC cannot be countenanced. The issue raised in this writ petition is squarely covered by the judgment of this Court in WP.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 upon 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 Indian Stamp Act, 1899 and if the document is in conformity with the provisions of the aforesaid enactments, thereafter, register and release the document 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 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.

As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J August 11, 2015 DSK