IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33339 of 2014 Between:
Gaddam Raja Ramesh Babu, S/o. Gaddam Seshanna, Aged about 40 years, Occ: Business, R/o. G-4, PRabhar Apartments, East Marredpally, Secunderabad & another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & another .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33339 of 2014 ORDER:
The petitioners purchased land admeasuring Ac. 2.58 cents, Ac. 0.34 cents and Ac. 0.08 cents, total extent of Ac. 3.00 cents, in R.S.Nos.148/4, 148/5 and 147, situated at Gudlapalem Area, within Nellore Municipal Corporation, Nellore District. The Sale Deed was presented before the Joint Sub-Registrar, Stonehousepet, Nellore, Nellore District (2nd respondent) for registration on 26.02.2014 and the document was kept pending and assigned P.No.32/2014. The grievance of the petitioners necessitating institution of the writ petition is that the document is kept pending without assigning any reasons and on enquiry, the petitioners were orally informed that the document is kept pending since the petitioners have not obtained No Objection Certificate from the revenue authorities.
2. The case of the petitioners is that the subject land was succeeded by the vendors from their grand father and the vendors’ grand father purchased and registered the same through a registered Sale Deed bearing Document No.116/1950, dated 05.01.1950, and therefore, it is an ancestral property and there is no restraint on alienation of the property.
3. Having regard to the above submissions, the Writ Petition is disposed of directing the Joint Sub-Registrar, Stonehousepet, Nellore, Nellore District (2nd respondent) to process the Sale Deed which was assigned P.No.32 of 2014 in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, without insisting production of No Objection Certificate from the revenue authorities and if the document is otherwise in order, the Joint Sub-Registrar shall register and release the same. If the Joint Sub-Registrar is of the opinion that the document cannot be registered for valid reasons, he shall assign reasons and communicate the same to the petitioners. Such exercise shall be completed within a period of three (3) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 7th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33339 of 2014 Date: 7th November, 2014 KL