THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16156 of 2009 April 29, 2010 Between: Smt.K.Naveena … Petitioner and The Sub Registrar ... Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16156 of 2009 ORDER: The petitioner is allegedly owner of land admeasuring Ac.0.30½ cents in Re.Sy.No.663/2A of Kamanagaruvu Gram Panchayat, Amalapuram Mandal of East Godavari District. She allegedly purchased the same under registered sale deed dated 29.04.2006. So as to sell the land for her family necessities, she approached the respondent for particulars of stamp duty and registration charges. The respondent vide endorsement dated 31.03.2009 rejected the request of the petitioner on the ground that the land is under ‘acquisition’. Therefore, the present writ petition is filed. Along with the writ petition, the petitioner filed W.P.M.P.No.21210 of 2009 seeking interim direction to respondent to receive the sale deed and deal the same according to the provisions of The Registration Act, 1908, and Rules made thereunder. This Court passed the interim order on 11.08.2009. Then, the respondent has moved W.V.M.P.No.2784 of 2009 contending as follows. “ The Collector, East Godavari District notified the following properties among others under Section 4 (1) of the Land Acquisition Act, 1894, for acquisition in the public purpose for construction of houses under Rajiv Swagruha Scheme. Sy.No. Nature Extent Name of ryot of land Ac.cts 663/2a Wet 0.17 Rokka Naga 663/21 Wet 0.18 Sateedevi 663/2a Wet 0.27 Paramakata Kondaiah The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, Hyderabad through Memo No.G4/10928/04 dated 14.06.2004 issued instructions to all the Sub Registrars in the State to obtain from the concerned Land Acquisition Units, the lists of lands proposed for acquisition and keep such particulars in the Prohibitory Register meant for entering the details of properties whose registration is prohibited. Accordingly, the then Sub Registrar informed the party when approached for market value of the property for registration, that the land in sy.No.663/2A to an extent of Ac.0.62 cts was notified by the Collector, East Godavari District under section 4 (1) of the Land Acquisition Act, 1894 for acquisition and therefore to obtain ‘No Objection Certificate’ from the Collector for registration of the land sought to be transferred. The above fact is established by the statement of the petitioner in para No.3 of the affidavit that the Revenue Authorities informed that the land is covered under Notification dated 17.11.2007 issued under section 4 (1) of the Land Acquisition Act when approached for “No Objection Certificate” for registration of the said land.” As a short question is involved in the writ petition, the matter itself is being disposed of finally. Learned counsel for the petitioner relies on Union Bank of India v Shivkumar Bhargava[1] and submits even if a person purchased a land subsequent to notification under the Act, it has no effect on the acquisition and subsequent purchaser is entitled to claim compensation. Per contra the learned Assistant Government Pleader for Revenue (Andhra Area) submits that the petitioner has not yet submitted the sale deed for process. Keeping in view the background of the case and submissions made by the counsel, the writ petition is disposed of directing the respondent to furnish the particulars of stamp duty and registration charges to the petitioner and after the document is presented by the petitioner for registration, respondent shall deal with the same according to the provisions of Registration Act, 1908 and rules made thereunder. If for any reason, the sale deed is not registered, it is incumbent on the part of the respondent to record and furnish reasons under Section 71 of the Act. Even thereafter, if the petitioner has any grievance, she has the remedy of appeal under Section 72 of the Act and thereafter by way of filing a suit under Section 77 of the Act. The writ petition is accordingly disposed of. ______________ (V.V.S. RAO, J) April 29, 2010 Note : Dispatch copy of this order in ten days B/o. SUR [1] AIR 1995 SC 812