Telangana High Court
WP/39967/2012 of B.Avulakka, Vs The District Collector, on 28 December 2012
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39967 of 2012 Dated 28.12.2012 Between: B.Avulakka …Petitioner And The District Collector, Anantapur and others …Respondents Counsel for the petitioner: Sri Narasimhulu Parise Counsel for respondents: Assistant Government
THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.39967 of 2012
Between:
Dated 28.12.2012
B.Avulakka
…Petitioner
And
The District Collector, Anantapur and others …Respondents Counsel for the petitioner: Sri Narasimhulu Parise Counsel for respondents: Assistant Government Pleader forRevenue The Court made the following:
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ORDER:
This writ petition is filed for a mandamus to declare the action ofrespondent No.4 in insisting on production of ‘No Objection Certificate’(NOC) from the revenue authorities as a pre-condition for entertainingthe document 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, wherebyhe has requested the Commissioner and Inspector General ofRegistration and Stamps, Andhra Pradesh to issue instructions to allthe registering officers not to ask for NOCs from the revenue authoritiesbefore registration of prohibited properties and not to act on any suchNOCs.
It is unfortunate that in spite of said proceedings, respondentNo.4 is stated to be insisting on production of NOC. Respondent No.4is, therefore, restrained from insisting on production of NOC as a pre-condition for entertaining the documents for registration. He shallreceive the document from the petitioner and process the same inaccordance 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.50746 of 2012 shall stand disposedof as infructuous.
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C.V.NAGARJUNA REDDY, J
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