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High Court for State of TelanganaWP/18825/2016disposed of no costs

Mulla Syed Basha v. The State Of Andhra Pradesh,

2016-06-17A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.18825 OF 2016 ORDER:

The case of the petitioners is that the 1st petitioner is owner of an agricultural land in Sy.No.926 to an extent of Ac.1.23 cents and in Sy.No.1116 to an extent of Ac.0.08 cents of Moolasagaram Village, Nandyal Mandal, Kurnool District and the 2nd petitioner is owner of an agricultural land in Sy.No.926 to an extent of Ac.1.23 cents and in Sy.No.1116 to an extent of Ac.0.09 cents of the same village having inherited the said lands from their ancestors. While so, when petitioners tried to sell their lands, the 2nd respondent insisted them for No Objection Certificate for registration of the land. Questioning the same, they filed W.P.No.6116/2016 and the same was disposed with directions as were given by a Full Bench of this court. Thereafter, the 2nd respondent though received the documents on 21.04.2016 kept pending with him beyond permissible period prescribed under the provisions of the Indian Registration Act and Rules made there under. Aggrieved by the same, the present writ petition is filed.

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.

Having received the documents presented by the petitioners, the 2nd respondent is bound to register the same as per Section 71 of the Registration Act (for short 'the Act') if the same are in order as per Stamps and Registration Act and Rules made there under. If he wants to refuse the registration, he has to record the reasons as envisaged under Section 71 of the Act and communicate to the petitioners. In view of the above, the 2nd respondent is directed to give reasons as envisaged under Section 71 of the Act, if he want to refuse the registration otherwise he shall register the same if the same are in order as per Stamps and Registration Act and Rules made there under. This

exercise shall be done within a period of two (2) weeks from the date of receipt of copy of this order.

With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 17-06-2016 dv