THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30055 of 2014 Dated : 09.10.2014 Between:
Y. Krishna Murthy S/o.Late Y.Ramachandra Rao, Aged about 46yrs, Occu : Agriculture, R/o.Yegnisettipalli Village, Chilamatturu Mandal, Anantapuram, Anantapuram District & another .. Petitioners The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, And Secretariat Buildings, Secretariat, Hyderabad & 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.30055 of 2014 ORDER :
In this writ petition the claim of the petitioner is Yegnisettipalli is declared as Shotrimdar Village and the petitioners are the legal heirs of original Shotrimdar. The petitioners are put in possession and enjoyment of the same. When the petitioners intend to dispose of the properties in their possession and enjoyment and approached the Sub-Registrar, Chilamatturu, Anantapuram District (5th respondent), the 5th respondent insisted for production of No Objection Certificate from revenue authorities. Hence, this writ petition.
2. When the matter is taken up for consideration, learned counsel for petitioners and learned Government Pleader for Revenue submits that the subject matter to the extent of No Objection Certificate is squarely covered by the decision of Division Bench in W.A.No.1653 of 2013. With the consent of both the learned counsel, this writ petition is disposed of at the admission stage. Learned counsel for petitioners also submit that the lands in issue are not assigned.
3. Considering the submissions of both the learned counsel, this Writ Petition is disposed of directing the Sub-Registrar, Chilamatturu, Anantapuram District (5th respondent) to receive and process the documents presented by the petitioners without insisting upon such NOC and in the event the documents presented fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the documents in accordance with the due procedure. However, if the 5th respondent is of the opinion that the documents presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the parties in accordance with Section 71 of the Registration Act, 1908. There shall be no order as to costs.
4. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 09th October, 2014 Rds