WP/26737/2006 of Neelakantam yadam Raju, Vs The Sub-Registrar, Hyderabad East, on 26 December 2006

ORDER:

In this writ petition, the petitioners assail the circular instructionsissued by the Joint Collector, Ranga Reddy District, inRc.No.E2/406/2001, dated 06.02.2001, whereby and whereunder allthe Sub-Registrars in Ranga Reddy District were directed not toentertain any document for registration of the lands for agricultural ornon-agricultural purposes whenever produced without prior approvalor ‘No Objection Certificate’ from the District Collector, which wererecalled by memo No.E5/2198/2006, dated 28.04.2006.

It is not necessary to refer to the factual background. This Courtin a number of writ petitions has declared the same circular as illegaland without jurisdiction. In spite of the same, the RegisteringAuthorities refused to register the documents presented by thepetitioners. Therefore, they filed the present Writ Petition.

It is brought to the notice of this Court that in obedience to theorders of this Court in W.P.No.6751 of 2006 dated 13.04.2006, theDistrict Collector, Ranga Reddy District, issued necessary ordersrecalling the circular instructions dated 06.02.2001, by a memo dated28.04.2006. The memo issued by the District Collector was addressedto the District Registrar, all Sub-Registrars and all Mandal Revenueofficers in Ranga Reddy District and the same reads as under.

Vide communication bearing No.E2/406/2001, dt.6-2-2001, a direction was issued directing the Sub-Registrar in thedistrict not to entertain the Registrations of land withoutobtaining No Objection Certificate from the District Collector,the Circular has been invalidated by the Hon’ble High Court ofAndhra Pradesh.

The Hon’ble High Court in W.P.No.1952/02, hasinvalidated the Circular and the same was affirmed by theDivision Bench of the Hon’ble High Court in W.A.No.1133 of2004.

In spite of the above, it is noticed that the RegisteringAuthorities are rejecting registrations on the ground of the saidCircular dated 6-2-2001.

Therefore, the said Circular instructions inRc.No.E2/406/01, dt.6-2-2001 is hereby recalled. It is furtherclarified that the Registering Authorities of Ranga ReddyDistrict shall not refuse any registration on the ground of the said Circular.

In view of the same, the registering authorities cannot refuseregistration of the sale deeds in respect of agricultural/non-agriculturallands and there is no necessity for production of ‘No ObjectionCertificate’ from the District Collector.

This writ petition is accordingly disposed of directing therespondent or any other Registering Officer to accept the documentspresented by the petitioners and consider the same for registration. Beit noted, if for any reason, the documents presented are not registered,it is incumbent on the part of the Registering Officer to record andfurnish reasons under Section 71 of the Act. Even thereafter, if thepetitioners have any grievance, they may file appeal before theAppellate Authority under Section 72 of the Act. Thereafter, if anyadverse order is passed by the Appellate Authority, the petitioners canfile a suit under Section 77 of the Act. No costs.

_____________

(V.V.S.RAO, J)

26[th] December, 2006ghn