Telangana High Court
WP/37842/2012 of T.Sarojamma, Vs The Joint Collector, on 28 December 2012
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.37842 of 2012 Date: 28.12.2012 Between: T.Sarojamma … Petitioner And The Joint Collector and others … Respondents Counsel for the petitioner: Sri K.Srinivas Counsel for the respondents: Assistant Government Pleader for Revenue The
THE HON'BLE SRI JUSTICE C.V.NAGARJUNAREDDY
WRIT PETITION No.37842 of 2012
Date: 28.12.2012
Between:
T.Sarojamma … Petitioner
And
The Joint Collector and others
… Respondents
Counsel for the petitioner: Sri K.Srinivas Counsel for the respondents: AssistantGovernment Pleader for Revenue The Court made the following :
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ORDER:
This writ petition is filed for a mandamus to declare the actionof respondent No.4 in insisting on production of ‘No ObjectionCertificate’ (NOC) from the revenue authorities as a pre-condition forentertaining the documents for registration as illegal and arbitrary.
At the hearing, learned Assistant Government Pleader forRevenue submitted that the Principal Secretary to the Governmentissued memo No.49938/Regn.I/A1/2012-4 dated 06.12.2012,whereby he has requested the Commissioner and InspectorGeneral of Registration and Stamps, Andhra Pradesh to issueinstructions to all the registering officers not to ask for NOCs fromthe revenue authorities before registration of prohibited propertiesand not to act on any such NOCs.
It is unfortunate that in spite of said proceedings, respondentNo.4 is stated to be insisting on production of NOC. RespondentNo.4 is, therefore, restrained from insisting on production of NOC asa pre-condition for entertaining the documents for registration. Heshall receive the documents from the petitioner and process thesame in accordance with the provisions of the Registration Act,1908.
The Writ Petition is allowed to the extent indicated above.
As a sequel, W.P.M.P.No.47987 of 2012 shall standdisposed of as infructuous.
28[th] December, 2012
GHN
______________________
(C.V.NAGARJUNA REDDY, J)