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High Court for State of TelanganaWP/9292/2016disposed of no costs

Smt.Polavarapu Madhusri, W/O.P.Rajendra Prasad, v. State Of Andhra Pradesh,

2016-04-06M.S.Ramachandra Rao3 pages

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.9292 of 2016 ORDER :

The petitioner's grievance in this Writ Petition is that petitioner wanted to register a sale deed in respect of the subject property and when he approached 4th respondent, the 4th respondent issued the impugned letter stating that there is a letter addressed by Vice-Chairman, Visakhapatnam Urban Development Authority (VUDA) on 12.04.2012 not to entertain any new registrations in respect of plots belonging to petitioner and other plots in L.P.No.23/2011 in Survey No.127 of Madhurawada Village, since a Vigilance Enquiry is said to be pending there.

2. The counsel for petitioner contends that the said Vigilance Enquiry cannot be kept pending indefinitely, and in any event, in view of the full Bench judgment of this Court in Vinjamuri Rajagopala Chary and others v. State of Andhra Pradesh[1], the respondents cannot place any reliance on any letter addressed by the ViceChairman, Visakhapatnam Urban Development Authority (VUDA).

3.

The learned Government Pleader for Revenue, appearing for respondents, is unable to sustain the

legality of the impugned letter as well as the direction of the Vice-Chairman, Visakhapatnam Urban Development Authority (VUDA) to give any such instructions to respondents. Therefore, the respondent nos.3 and 4 are directed to receive any document presented by petitioner for the purpose of registration, and shall consider the same strictly in accordance with the full Bench judgment i n Vinjamuri Rajagopala Chary (1 supra) without reference to the above letter dt.12.04.2012 of the Vice-Chairman, Visakhapatnam Urban Development Authority (VUDA) directing them not to accept any documents for registration. If there is any other reason why the respondent nos.3 and 4 do not wish to register the documents submitted by petitioner in respect of the subject plots, they shall pass a reasoned order under Section 71 of the Registration Act, 1908 within a period of eight (08) weeks of the submission of the said document by petitioner, and communicate the same to petitioner.

4.

Accordingly, the Writ Petition is disposed of with the above directions. No order as to costs.

5.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed. __________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 06-04-2016

Ndr/* [1] 2016 (1) ALT 550