WP/42844/2015 of Smt. Dasari Kodanda Ranganayakidevi Vs The State of Andhra Pradesh, on 31 December 2015

ORDER:

Heard learned counsel for the petitioners and learnedGovernment Pleader for Revenue.

The petitioners seek to execute common sale deed proposingto alienate various lands in various survey numbers situated a t Kurmannapalem Village, Gajuwaka Mandal, VisakhapatnamDistrict. Alleging that the Sub-Registrar, Gajuwaka, VisakhapatnamDistrict, the 4[th] respondent, is not receiving and processing thedocument presented by them for registration and insisting onproduction of ‘No Objection Certificate’ from the Tahsildar, GajuwakaMandal, Visakhapatnam District, the 3[rd] respondent, the present Writ Petition is filed. The petitioners’ statethat the subject lands are private patta lands of their ancestors and fortheir family necessities, the said lands are proposed to be sold and noGovernmental interest is involved in them.

The issue raised in this Writ Petition is squarely covered by thejudgment of this Court in W.P.No.17809 of 2015 and batch, dated22.06.2015.

In view of the same, following the aforesaid judgment, this WritPetition is also disposed ofdirecting the registering authorityconcerned to receive and process the document presented by thepetitioners without insisting on production of ‘No Objection Certificate’to be obtained by them. The registering authority concerned is furtherdirected to receive and process the document in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899 and if thedocument is in conformity with the provisions, thereafter register andrelease the same in accordance with the due procedure. It is alsomade clear that in the event of registering authority not being satisfiedwith the compliance under the Registration Act or the Indian StampAct, appropriate refusal endorsement together with reasons shall berecorded and communicated to the petitioners in terms of Section 71 ofthe Registration Act. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petitionshall stand closed.

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VILAS V.AFZULPURKAR, J31.12.2015KH