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HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION No.29861 of 2021
ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.
The issue involved in this Writ Petition is about the Draft Memo bearing No.G2/19134/2011, dated 01.12.2011. This Draft Memo is the subject matter of large number of decisions of this Court passed by the learned single Judges and also a Division Bench. Despite the large number of orders in which it is clearly held that the Draft Memo will not come in the way of the Registration authority to receive the documents, the documents presented by the petitioner and others are being rejected on the ground that the Draft Memo was issued by the 1st respondent-The Commissioner and Inspector General of Registration and Stamps. This Court itself has passed an order earlier in W.P.No.27310 of 2021, in which also a direction was given to the learned Government Pleader, appearing for the respondents, to circulate this order and the earlier orders passed on the subject. Learned Government Pleader has categorically assured this Court that the orders in this matter are being circulated along with a written opinion.
In view of the undertaking given by the learned Government Pleader this Court does not wish to state anything further. It is hoped that the Registration Department would 2 consider the large number of judgments that are passed on the very same Draft Memo, dated 01.12.2011, which is being periodically relied upon by the department to reject the registration of documents.
After hearing the learned Government Pleader this Court is of the opinion that in view of the earlier orders passed on the subject that the Writ Petition should be allowed. The learned Government Pleader is also required to circulate to all concerned copies of the orders passed on this Memo.
Accordingly, the Writ Petition is allowed directing the 3rd respondent-Joint Sub-Registrar, Kanigiri, Prakasam District, to receive and process the document for registration that will be presented by the petitioner, if the same is otherwise in order and in compliance with the provisions of the Stamp Act and also the Registration Act. There shall be no order as to costs.
Consequently, the Miscellaneous Applications pending, if any, pending shall stand closed.
_________________________________ JUSTICE D.V.S.S.SOMAYAJULU Date:21.12.2021.
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