IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 111 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/02/2008 in WP NO : 4079 OF 2004 on the file of the High Court.) Between: Smt. G.Kadambari W/o. G.Kesavulu Residing at 7-1-414/60, Plot No.23, Srinivasanagar East S.R.Nagar, Hyderabad. ..... APPELLANT AND 1 The District Registrar of Assurances, Nizam Shahi Road, hyd 2 The Sub Registrar Registration and Stamps Department Sanjeeva Reddy Nagar, Hyderabad 3 The Sub Registrar Registration and Stamps Department, Khairtabad, Hyderabad. .....RESPONDENTS Counsel for the Appellant: SRI O.MANOHER REDDY Counsel for the Respondents.: GP FOR REVENUE The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO : 111 of 2009 JUDGMENT: (Per the Hon’ble Sri Justice C.V.Nagarjuna Reddy ) Feeling aggrieved by order dated 19.2.2008 in W.P.No.4079 of 2004, whereby the learned single Judge dismissed the writ petition, the appellant filed the present writ appeal. The dispute pertains to an extent of 222 sq. yards in survey Nos.132 and 160 of B.K. Guda, Hyderabad. When sale deed dated 28.2.1979 was presented by the appellant to the Sub-registrar, Khairatabad, for registration on 2.3.1979, the said Officer refused to register the document on the ground that certificate of permission from the competent authority under the Urban Land (Ceiling & Regulation) Act, 1976 (for short, ‘the Act’) was not enclosed along with the sale deed. For that reason, the document was kept pending. Later, on 28.5.1982, respondent No.2 passed order refusing to register the sale deed. As the appellant failed to get the permission from the authority under the Act, she filed O.S.No.1344 of 1984 on the file of the XI Assistant Judge, City Civil Court, Secunderabad for the relief of specific performance of agreement of sale against her vendor and to direct him to apply for permission to the Urban Land Ceiling Authority, Hyderabad, for granting ‘no objection’ certificate. The suit was eventually decreed, which was questioned by the vendor in A.S.No.51 of 1991 in the Court of I Additional Chief Judge, City Civil Court, Secunderabad. The said appeal was dismissed on 9.12.1997. As the vendor has not taken steps to get the clearance certificate from the authorities under the Act, the appellant filed E.P. for execution of the decree. Ultimately, on 21.7.2003, the vendor obtained clearance certificate, which was furnished to the appellant on 20.8.2003. The appellant made application on 23.8.2003 to the registering authority for registration of the document. The said application was rejected on the ground that the appellant should have filed an appeal under Section 72 of the Indian Registration Act, 1908. Accordingly, the appellant filed an appeal before respondent No.1. The said appeal was rejected by respondent No.1 on the ground that the period of limitation for filing the appeal was 30 days from the date of the order. The appellant filed W.P.No.22863 of 2003 in this Court assailing the said order. The said writ petition was disposed of by order dated, 3.11.2003 directing respondent No.2 to receive the document for registration and pass appropriate orders. The appellant resubmitted the document before respondent No.2, who directed the appellant to pay a sum of Rs.97,680/- towards stamp duty and Rs.67,155/- towards registration fee by treating that the document as having been submitted for registration only in the month of August, 2003. The appeal filed by the appellant against the said order as having been dismissed, she filed W.P.No.4079 of 2004 in this Court. The learned Single Judge having considered the provisions of the Registration Act and the Indian Stamp Act affirmed the view taken by the Registering authority as confirmed in the appeal. Aggrieved by the said order of the learned Single Judge, the appellant filed the present appeal. In the appeal, the appellant filed affidavit signed on 4.2.2009 wherein she stated that she is ready and willing to pay the sums of Rs.97,680/- and Rs.67,155/- towards stamp duty and registration fee respectively. In view of the willingness expressed by the appellant and in the peculiar facts of this case, the writ appeal is disposed of with the direction to respondent No.2 to receive the document from the appellant and register the same, subject to the appellant paying the above mentioned sums, within a period of three weeks from today. It is needless to mention that the appellant shall comply with all the legal formalities for registration of the document. ________________________ Justice T. Meena Kumari ____________________________ Justice C.V.Nagarjuna Reddy 5th February, 2009 Nn THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT APPEAL NO :111 of 2009 (Judgment delivered by the Hon’ble Sri Justice C.V.Nagarjuna Reddy ) 05.02.2009