Andhra Pradesh High Court - Amravati
Katta Krishna Rao vs The State Of Andhra Pradesh on 14 September, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.20130 OF 2021
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"....to issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus, declaring action of the respondents 4 and 5 in not receiving the document presented by the petitioner for registration in respect of the land admeasuring Ac.1.45 cents in Sy.No.537/3 (new) 154/3 and 4 (old) situated at Chowdavaram village within the limits of Guntur Municipality, Guntur West Mandal, Guntur District and insisting NOC (No Objection Certificate) is questioned, as the same is illegal, arbitrary and violative of Article 300A of the Constitution of India and contrary to the provisions of Stamps and Registrations Act, 1908 and consequently direct the respondents 4 and 5 to receive register and release the documents presented by the petitioners without insisting NOC (No Objection Certificate) from the respondents 2 and 3 in respect of the land admeasuring Ac.1.45 cents in Sy.No.537/3 new 154/3 and 4 (old) situated at Chowdavaram village, within the limits of Guntur Municipality, Guntur West mandal, Guntur District and pass such other order..."
It is the case of petitioner that he has purchased the land to an extent of Ac.1.45 cents in Sy.No.537/3 (new) 154/3 and 4 (old) situated at Chowdavaram village within the limits of Guntur Municipality, Guntur West Mandal, Guntur District under an agreement of sale deed dated 05.12.2019, form one Gudipudi Pitchaiah and others to an extent of Ac.0.70 cents and from one Dummala Yesu and others to an extent of Ac.0.75 cents under agreement of sale deed dated 04.12.2019, total admeasuring an extent of Ac.1.45 cents.
The petitioner approached the 5th respondent to obtain the market value certificate on 12.04.2021 and obtained the 2 market value certificate and presented the sale deed executed in his favour by his vendors in respect of the above mentioned land by paying requisite stamp duty and registration charges. But the 5th respondent intimated that the land is not registerable land and no registration of any kind of document will be accepted. Hence, the present writ petition.
Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to receive and register the document presented by the petitioner.
Learned Government Pleader for Stamps and Registration readily agreed to receive and process the document presented by the petitioner, in accordance with law.
In view of the concession given by the learned Government Pleader for Stamps and Registration, respondents 4 and 5 are directed to receive and process the document submitted by the petitioner, in accordance with law. If the document cannot be registered, respondent 4 and 5 may pass appropriate order as mandated under Section 71 of the Registration Act, so as to enable the petitioner to approach appellate authority under Section 72 of the Registration Act.
With the above direction, the Writ Petition is disposed of. No costs.
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As a sequel miscellaneous application, pending, if any, shall also stand closed.
__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 14.09.2021 VSL 4 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.20130 OF 2021 Date: 14.09.2021 VSL