Telangana High Court

WP/40089/2012 of S.Akheelabi, Vs The District Collector, on 28 December 2012

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SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.40089 of 2012 Dated: 28.12.2012 Between: S.Akheelabi .. Petitioner. And The District Collector, Ananthapur, Ananthapur District and others. .. Respondents. Counsel for the Petitioner: Mr.P.Narasimhulu for Mr.R.Sujan Kumar Counsel for

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.40089 of 2012

Dated: 28.12.2012

Between:

S.Akheelabi .. Petitioner.

And

The District Collector,Ananthapur, Ananthapur Districtand others. .. Respondents.

Counsel for the Petitioner: Mr.P.Narasimhulu for Mr.R.Sujan Kumar 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 entertaining thedocument for registration as illegal and arbitrary.

At the hearing, learned Assistant Government Pleader for Revenuesubmitted that the Principal Secretary to the Government issued memoNo.49938/Regn.I/A1/2012-4 dated 06.12.2012, whereby he hasrequested the Commissioner and Inspector General of Registration andStamps, Andhra Pradesh to issue instructions to all the registeringofficers not to ask for NOCs from the revenue authorities beforeregistration of prohibited properties and not to act on any such NOCs.

It is unfortunate that in spite of said proceedings, respondent No.4is stated to be insisting on production of NOC. Respondent No.4 is,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.50885 of 2012 shall stand disposed ofas infructuous.

________________________

C.V.NAGARJUNA REDDY, J

28[th ]December, 2012

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