Telangana High Court
WP/24669/2008 of Musinana Appa Rao Vs Government of A.P. on 30 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 24669 of 2008 Between: Musinana Appa Rao S/o. Suryanarayana, HIndu R/o. 34-10-15, Jyanapuram
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENTTHE HON'BLE MS JUSTICE G.ROHINI
WRIT PETITION NO : 24669 of 2008
Between:
Musinana Appa Rao S/o. Suryanarayana, HInduR/o. 34-10-15, Jyanapuram Dayas Street, Visakhapatnam-4
..... PETITIONER
AND
1 Government of A.P. Rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad.
2 The Sub Registrar, Gopalapatnam Vizag District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a writ Order or direction more one in the natureof Writ of Mandamus directing the 2nd respondent to receive andregister the Document of the petitioner in respect of land admeasuringAc 19-12 cents in Sy.No. 275/B1 situated at Adivivaram Village,Visakhapatnam District.
Counsel for the Petitioner: MR.V.SREE RANGA RAO
Counsel for the Respondent No.: GP FOR REVENUE
The Court made the following :
THE HON’BLE Ms. JUSTICE G. ROHINI
WRIT PETITION No. 24669 of 2008
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O R D E R :
This writ petition is filed seeking a direction to the secondrespondent to receive and register the document presented by thepetitioner in respect of the land admeasuring Ac.19-12 cents inSy.No.275/B1 of Adivivaram Village, Visakhapatnam District.
It is contended by the petitioner that in the absence of anynotification under Section 22-A of the Registration Act, 1908prohibiting registration of documents in respect of the land inquestion, the action of the second respondent in not receiving thedocument is arbitrary and illegal.
Heard the learned counsel for the petitioner and the learnedGovernment Pleader appearing for the respondents.
Having regard to the facts and circumstances of the caseand keeping in view the specific plea of the petitioner that nonotification is issued under Section 22-A of the Registration Act,1908, as on today, the writ petition is disposed of with a directionto the second respondent to receive the document presented bythe petitioner and process the same in accordance with theprovisions of the Stamp Act and the Registration Act as amendedby Act 19 of 2007, and take necessary steps within a period of twoweeks from the date of receipt of document in question. It is madeclear that in case, the document cannot be registered on anyground whatsoever, the second respondent shall communicate the reasons in writing within the period specified above.
The writ petition is accordingly disposed of. No costs.
Date: 30-12-2008Note: Issue C.C. in 3 days.B/o KLP
______________
G. ROHINI, J