Telangana High Court

WP/38554/2013 of P.V.Rarnanjineyulu , Anjineyulu. Vs The State of Andhra Pradesh. on 30 December 2013

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND THIRTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38554 of 2013 Between: P.V. Ramanjineyulu @ Anjineyulu .. Petitioner And The State of Andhra Pradesh, Rep. by its

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD

MONDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND THIRTEEN

Present

HON’BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.38554 of 2013

Between:

P.V. Ramanjineyulu @ Anjineyulu

.. Petitioner

And

The State of Andhra Pradesh,Rep. by its Principal Secretary,Revenue (Registration & Stamps) Department,Secretariat, Hyderabad & 3 others .. Respondents This Court made the following :

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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ORDER:

The grievance of the petitioner is with regard to the insistence by the registeringauthorities on production of ‘No Objection Certificate’ (NOC) from the Revenue Authoritiesas a condition precedent for receiving and registering the document presented by him forregistration in connection with immovable property.

2. This Court has time and again held that there is no legal sanction for the action ofthe Registration Authorities in insisting upon such certification from the RevenueAuthorities before entertaining documents for registration. Further, the Government ofAndhra Pradesh issued Memo No.49938/Regn.I/A1/2012-4, dated 06.12.2012, requestingthe Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, toinstruct all the Registering Officers in the State not to ask for NOCs from the RevenueAuthorities before registration and not to act on any such NOCs.

3. On similar issue, batch of writ petitions were disposed of by this Court by an order,dated 28.06.2013. Aggrieved by the order in W.P.No.12376 of 2013, dated 24.04.2013, theDistrict Collector, Chittoor District, filed Writ Appeal No.1653 of 2013. The Division Benchof this Court affirmed the decision of the learned Single Judge. The Division Bench issuedthe following directions:

that official concerned is authorized by law. Accordingly, the No Objection Certificatewhich has hitherto been asked for registration of the document shall not be demanded anymore unless it is authorized by an appropriate enactment with prospective effect and notretrospective effect.

We feel that this judgment has got tremendous public importance. Therefore, acopy of this judgment shall be circulated to all the District Registrars, who in turn, shallissue instructions to their officers concerned under his control.”

4. It is unfortunate that the Registering Authorities continue to insist upon No ObjectionCertification from the Revenue Authorities before receiving the documents pertaining toimmovable properties. Learned counsel for petitioner and learned Government Pleadersubmit that the subject matter to the extent of No Objection Certificate is covered by thedecision of Division Bench in W.A.No.1653 of 2013.

5. Considering the submissions of learned counsels, the Writ Petition is disposed ofdirecting the Sub-Registrar, Hindupur, Anantapur District (4[th] respondent) to receive andprocess the document presented by the petitioner without insisting upon such NOC and inthe event the document presented fulfils the requirements of the Registration Act, 1908,and the Indian Stamp Act, 1899, he shall register and release the document in accordancewith the due procedure. If, however the 4[th] respondent is of the opinion that the documentpresented for registration warrants denial, he shall pass orders in writing indicating thereasons for such refusal and communicate the same to the party in accordance withSection 71 of the Registration Act, 1908. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

_____________________

JUSTICEP.NAVEEN RAO

Date: 30[th] December, 2013

KL

KL

HON’BLE SRI JUSTICE P.NAVEEN RAO

Date: 30[th] December, 2013

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