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High Court for State of TelanganaWP/15724/2016disposed of no costs

B. Rajamma, v. The State Of Andhra Pradesh, Rep.By Its Principal Secretary,

2016-04-29A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.15724 OF 2016 ORDER:

The case of the petitioner is that she is the owner of land to an extent of Ac.4.69 cents in Sy.No.195-2A, situated at Itikalapalli Village, Anantapuram Mandal, Anantapuram District, and that she was in possession of the said land from the date of granting of pattas. While so, when the petitioner want to sell the subject land to the third parties, due to financial crises, the 5th respondent is insisting for production of 'No Objection Certificate' from the revenue authorities, with regard to the subject land, for registering the documents presented by the petitioner, even though it is not required. Aggrieved by the same, present writ petition is filed. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.

The lis in the writ petition is no longer res integra and the same is covered by the common order dated 08.04.2013, passed by this Court in WP.No.10290 of 2013 and batch and the same is not disputed by the learned Assistant Government Pleader for Revenue.

In view of the same, the writ petition is disposed of directing the registering authorities concerned to receive and process the documents presented by the petitioner without insisting upon such NOCs and in the event the documents presented fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, they shall register and release the documents in accordance with the due procedure. If, however, the Registering Authority concerned is of the opinion that the document presented

for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1908. However, the petitioner shall present the documents within three (3) months from the date of receipt of a copy of this order. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 29.04.2016 t k.