Telangana High Court
WP/39085/2013 of P. Akkamma Vs Government of Andhra Pradesh on 31 December 2013
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND THIRTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39085 of 2013 Between: P. Akkamma & another .. Petitioners AND The Government of Andhra Pradesh, Rep. by its
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD
TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWOTHOUSAND AND THIRTEEN
Present
Between:
P. Akkamma & another
.. Petitioners
AND
The Government of Andhra Pradesh,Rep. by its Principal Secretary,Registration and Stamps Department,Secretariat Buildings, Hyderabad & 4 others
.. Respondents
The Court made the following:
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ORDER:
The grievance of the petitioners is with regard to theinsistence by the registering authorities on production of ‘NoObjection Certificate’ (NOC) from the Revenue Authorities as acondition precedent for receiving and registering the documentspresented by them for registration in connection with immovableproperty.
2. This Court has time and again held that there is no legalsanction for the action of the Registration Authorities in insistingupon such certification from the Revenue Authorities beforeentertaining documents for registration. Further, theGovernment of Andhra Pradesh issued MemoNo.49938/Regn.I/A1/2012-4, dated 06.12.2012, requesting theCommissioner and Inspector General of Registration andStamps, Andhra Pradesh, to instruct all the Registering Officersin the State not to ask for NOCs from the Revenue Authoritiesbefore registration and not to act on any such NOCs.
3. On similar issue, batch of writ petitions were disposed ofby this Court by an order, dated 28.06.2013. Aggrieved by the order in W.P.No.12376 of 2013, dated 24.04.2013, the DistrictCollector, Chittoor District, filed Writ Appeal No.1653 of 2013. The Division Bench of this Court affirmed the decision of thelearned Single Judge. The Division Bench issued the followingdirections:
“Accordingly, we affirm the judgment and order of thelearned Single Judge. We direct henceforth that noGovernment official shall act or take action in any mannerunless that official concerned is authorized by law. Accordingly, the No Objection Certificate which hashitherto been asked for registration of the document shallnot be demanded any more unless it is authorized by anappropriate enactment with prospective effect and notretrospective effect.
We feel that this judgment has got tremendous publicimportance. Therefore, a copy of this judgment shall becirculated to all the District Registrars, who in turn, shallissue instructions to their officers concerned under hiscontrol.”
4. It is unfortunate that the Registering Authorities continueto insist upon No Objection Certification from the RevenueAuthorities before receiving the documents pertaining toimmovable properties. Learned counsel for petitioners andlearned Government Pleader submit that the subject matter tothe extent of No Objection Certificate is covered by the decisionof Division Bench in W.A.No.1653 of 2013.
5. Considering the submissions of learned counsels, theWrit Petition is disposed of directing the Sub-Registrar,Kalyandurg, Anantapur District (5[th] respondent) to receive andprocess the documents presented by the petitioners withoutinsisting upon such NOC and in the event the documents presented fulfil the requirements of the Registration Act, 1908,and the Indian Stamp Act, 1899, he shall register and releasethe documents in accordance with the due procedure. If,however the 5[th] respondent is of the opinion that the documentspresented for registration warrants denial, he shall pass ordersin writing indicating the reasons for such refusal andcommunicate the same to the party in accordance with Section71 of the Registration Act, 1908. There shall be no order as tocosts. Miscellaneous petition, if any, pending in this writpetition, shall stand closed.
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P.NAVEEN RAO, J
Date: 31[st] December, 2013
KL
KL
WRIT PETITION No.39085 of 2013
Date: 31[st] December, 2013