IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.8591 of 2014 Between:
Kandula Raja Sekhar, S/o. Venkatarao, Aged about 42 years, Hindu, Business, R/o. D.No.31-23-42/1, Allipuram Venkateswarametta, Visakhapatnam, Visakhapatnam District & another AND State of A.P., Rep. by its Secretary, Department of Stamps & Registration, Secretariat, Hyderabad & 2 others .. Petitioners .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.8591 of 2014 ORDER:
The petitioners aver that the second petitioner is the owner of land to an extent of Ac.
2.50 cents in R.S.No.42/1, situated at Gudilova Village of Palavalasa Gram Panchayat, Anandapuram Mandal. The first petitioner purchased the said land on payment of sale consideration. When the document is presented for registration, the Joint Sub-Registrar-3, Anandapuram, Visakhapatnam District (3rd respondent) by his endorsement, dated 18.12.2013, refused to process the Deed of Conveyance since the land is classified as ‘Gayalu’ in the list of properties circulated by the Revenue Divisional Officer, Visakhapatnam, in his letter, dated 22.09.2012. Aggrieved thereby, the petitioners filed appeal. The appeal was returned to the petitioners on the ground that the appeal was not presented within 30 days from the date of passing of order by the Sub-Registrar. The order of the District Registrar is silent as to when he received the appeal.
2. According to the learned counsel for the petitioners, the appeal was made on 10.01.2014, but unfortunately, the appeal was sent by an ordinary post, whereas normally, the appeal should have been sent by a registered post.
3. Having regard to the submissions made, without going into the merits of the case, the petitioners are permitted to re-submit the appeal and on such re-submission, the appellate authority, i.e., the District Registrar, Visakhapatnam, Visakhapatnam District (2nd respondent) shall consider the appeal, dated 10.01.2014, on merits without reference to the objection that the appeal is not submitted within 30 days and pass appropriate orders as warranted by law within a period of four (4) weeks from the date of receipt of copy of this order and communicate the decision to the petitioners.
4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 25th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.8591 of 2014 Date: 25th April, 2014 KL