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High Court for State of TelanganaWP/44015/2016disposed of no costs

Chella Surendra Babu v. The State Of Andhra Pradesh, Rep. By Its Commissioner

2016-12-19A Ramalingeswara Rao2 pages

HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.44015 of 2016 ORDER:

1.

This writ petition is filed challenging the action of the 3rd respondent in refusing to receive and register the lease deed sought to be registered by the petitioner in respect of his building property situated at Door No.8-28-19/A, Kandukur main road, in Sy.No.435, Kanigiri town, Prakasam District, without reference to the Memo dated 01.12.2011 of the 1st respondent.

2.

When this matter is taken up for consideration, it is submitted by the learned counsel appearing on either side that the issue raised in the present Writ Petition is squarely covered by the orders passed by this Court in W.P.No.34689 of 2012 dated 12.12.2012 and W.P.No.10721 of 2016 dated 01.04.2016.

3.

In view of the above, this Writ Petition is also disposed of in terms of the aforesaid orders and the 3rd respondent is directed to receive and register the document as may be presented by the petitioner, subject to the latter complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899 unless there is an order of injunction against alienation of property in question by a Court of competent jurisdiction. It is clarified that the injunction order said to have been granted by the Madras High Court in Contempt Petition No.1205 of 2010 would not operate in the State of Andhra Pradesh and that order cannot be treated as an order passed

by the Court having competent jurisdiction. No order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ______________________________ A.RAMALINGESWARA RAO, J 19-12-2016 Gsn