IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 564 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 03/03/2009 in WP NO : 4236 OF 2009 on the file of the High Court.) Between: Mantha Surya Satya Venkata Subrahmanyam, S/o. Late Venkata Narasimha Murthy, Hindu R/o. Lakshminarasimha Nagar, Appanapalem, Simhachalam, Visakhapatnam District. ..... APPELLANT AND Simhachalam Devasthanam, Rep by its Executive Officer, Simhachalam, Visakhapatnam District. .....RESPONDENT Counsel for the Appellant:MR.K.V.SUBRAHMANYA NARUSU Counsel for the Respondent : MR.V.VENUGOPALA RAO The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL No : 564 of 2009 JUDGMENT: (Per Sri Vilas V. Afzulpurkari,J) This appeal is filed by the appellant-writ petitioner to the extent the writ petition has been allowed on imposition of a condition that the appellant must give an undertaking that he shall not utilize the Land Regularization Certificate for sale of land in question or for creating any third party interest over the said land. We have heard the learned counsel for the appellant and the learned counsel for the respondent. It is evident from the case that entitlement of the appellant to 150 sq. yards of land in Survey No. 98/1 of Appannapalem Village, Vepagunta Gram Panchayat, Visakhapatnam District, is not disputed by the respondent. Even according to the appellant, he was given a Land Regularization Certificate bearing No. 2227/03, dated 11.2.2004, which he had lost. He is seeking a duplicate Certificate from the respondent and in spite of his application since the duplicate was not being given, the appellant finally approached this Court by way of Writ Petition No. 4236 of 2009. The learned single Judge by the impugned order, directed the Duplicate Certificate to be given to the appellant on condition of the appellant giving an undertaking that he shall not utilize the said Certificate for sale of the land or create third party interest over the same. The grant of Duplicate Certificate in lieu of the original which is lost by the appellant ought not to be visited with conditions which would amount to clog on his ownership. With or without this Certificate, the appellant is recognized as owner of the property and he is free to deal with the same in any manner he feels it appropriate. Merely because he has asked for a Duplicate Certificate, conditions cannot be imposed on his utilization and ownership of the property. Clearly, it amounts to clog on the ownership. Therefore, the writ appeal deserves to be allowed and is accordingly allowed. In modification of the order of the learned single Judge, the respondent is directed to issue Duplicate Land Regularization Certificate bearing No. 2227/03, dated 11.2.2004 to the appellant as prayed for. The writ appeal is accordingly allowed. ___________________ T. MEENA KUMARI,J DATE: 23rd April, 2009 ________________________ VILAS V. AFZULPURKAR,J NOTE: Furnish c.c. in three days. B/o pnb