THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.35994 of 2014 This writ petition is filed seeking the following prayer:

“…declaring that the action of the respondent No.3 in prohibiting registration of sale deeds in respect of the land admeasuring Ac.1- 24gts., in Sy.No.172/2 of Jalpally Village, Saroornagar Mandal, Ranga Reddy District (subject property) is arbitrary and illegal and direct the respondent No.3 to entertain sale deeds and register them in respect of the said land without insisting for No Objection Certificate from the revenue department…”

2. The brief facts of the case as stated are that the petitioners are family members and are residents of Jalpally Village, Saroornagar Mandal, Ranga Reddy District. Petitioner No.1 is representing petitioner Nos.2 and 3 on authorization. It is submitted that the subject land was purchased by father of petitioner Nos.1 and 2 in the year 1968 from the original pattadars and owners and mutation was granted. Accordingly, his name was recorded as pattadar and possessor of the said land after regularization proceedings passed under Section 5(A) of Andhra Pradesh Record of Rights in Land and Pattadar Passbooks Act, 1971 vide proceedings of Tahsildar bearing No.A/1064/1992 dated 11.02.1994. It is further submitted that since the petitioners are legal heirs and successors, they have inherited and succeeded on the subject property and that the subject lands are private patta lands.

3. The petitioners are now desirous of selling land to meet their financial needs and approached the office of the sub-registrar for the purpose of registration of the subject land, whereby it was informed that the said land was not accepted for registration. At that stage, petitioners have filed W.P.No.21584 of 2012 seeking to declare the action of Sub-Registrar in not entertaining the subject property as illegal and arbitrary and also consequentially direct the Tahsidar to issue of No Objection Certificate to the said land enabling respondent No.1 to entertain the process of registration. However, the said writ petition was withdrawn on 15.11.2012 and liberty was granted to file appeal under Section 72 of Registration Act, 1908 (for short ‘the Act’ hereinafter) against the endorsement of Sub-Registrar dated 10.07.2012, which reads as under:

"A.Narayana Goud is land owner to Sy.No.172/2 admeasuring Ac.1-24 guntas situated at Jalpally Village, Saroornagar Mandal, Ranga Reddy District vide patta No.467, Patta Pass Book No.427343, Title Deed No.424133 issued by the concerned authorities.

The Government of Andhra Pradesh, Revenue (Regn.I) Department Memo.No.50834/ Regn.I/A1/2010-6, dated 22.10.2011, the prohibitory list furnished by the Tahsidlar, Saroorangar Mandal, R.R. District. As per the prohibitory list Sy.No.172 of Jalpally is noted as Laoni patta i.e. Government. In view of the above no objection certificate required for registration of the above said property".

4. The petitioner has filed an appeal before District Registrar on 26.11.2012, questioning the said endorsement of the Sub-Registrar and no notice of hearing was issued by the District Registrar and thereby petitioner understood that the appeal is not entertained at all. It is further submitted that there is no legal requirement for obtaining No Objection Certificate for the purpose of registering the document. It is also submitted that the subject lands are recorded as Khariz Khata in the Khasra Pahani and also Sesala Pahanies. In some of the pahanies, it is recorded as Laoni patta and that the subject land is private land and not Government land and Khariz Khata does not mean that the land is Government land. At best, it is denoted that the revenue account of a defaulter has been struck off. Earlier a part of land in same survey number from out of total extent of Ac.3-08 gts., was sold under registered sale deeds long ago as such there is no basis for not entertaining the sale deeds concerning the subject lands.

5. It is further submitte