HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.24955 OF 2011 Date:06.09.2011 Between: Devashish Nath ….. Petitioner And: The District Registrar, Registration and Stamps Department, Visakhapatnam and another. …..Respondents. HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.24955 OF 2011 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondent in refusing to receive and register the sale deed for Flat No.303, Assessment No.27999/1119 bearing D.No.11-2-8 having a plinth area of 1300 sft., in the 3rd floor of Jyothi Residency together with 55 sq. yards being undivided and unspecified proportionate share out of 746 sq. yards situated in Dasapalla Hills covered by Block No.43, Town Survey No.1027/B-4 of Waltair Ward, Visakhapatnam as arbitrary, illegal and unreasonable and contrary to the provisions of the Registration and Stamp Act, and consequential direction to the respondent No.2 to receive and register the sale deed and release the same after completing the registration to the petitioner or to the purchaser forthwith. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents. 3. The main grievance of the petitioner is that the 2nd respondent is illegally refusing to receive the sale deed presented for the Flat bearing No.303, Assessment No.27999/1119 bearing D.No.11-2-8 having a plinth area of 1300 sft., in the 3rd floor of Jyothi Residency together with 55 sq. yards being undivided and unspecified proportionate share out of 746 sq. yards situated in Dasapalla Hills covered by Block No.43, Town Survey No.1027/B-4 of Waltair Ward, Visakhapatnam. The petitioner is relying upon the final order passed by this Court in W.P.Nos.24277 and 24278 of 2010 dated 09.12.2010. The learned counsel for the petitioner also pointed out that in the Writ Petition No.24278 of 2010, Flat No. is 503 on the 4th floor of the same Jyothi Residency was sought to be alienated which was refused by the Sub Registrar and consequently the Writ Petition had to be filed and this Court allowed the writ petition as prayed for. 4. The learned counsel for the petitioner also placed reliance upon another order dated 08.09.2010 passed by this Court in Writ Petition No.22405 of 2010 which was in respect of the Flat No.2, 4th floor of the same Jyothi Residency Complex and the said petition was allowed. The flat in the present case is 303, 3rd Floor which stands in the identical situation as the flats which were subject matter of the writ petitions referred above and since the similar refusal of the Sub Registrar with respect to other flats was set aside by this Court and the Writ Petitions were allowed, this Court is also inclined to pass similar order in this Writ Petition. 5. Accordingly, the Writ Petition is allowed directing the 2nd respondent to receive the documents presented by the petitioner and register the same in accordance with law. There shall be no order as to costs. 6. As a sequel, W.P.M.P.No.30684 of 2011, filed by the petitioner for interim relief, is disposed of as infractuous. ___________________________ VILAS V. AFZULPURKAR,J 06.09.2011, Note: Issue CC by one week. B/o. Gk. HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.24955 OF 2011 Date:06.09.2011 Gk.