WP/38962/2013 of B.Gangamma, Vs The State of Andhra Pradesh, on 31 December 2013

ORDER:

The grievance of the petitioner 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 documentpresented by her 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 theorder in W.P.No.12376 of 2013, dated 24.04.2013, the District Collector, 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 petitioner 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,Penukonda, Ananthapur District (3[rd] respondent) to receive andprocess the document presented by the petitioner withoutinsisting upon such NOC and in the event the documentpresented fulfils 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 3[rd] respondent is of the opinion that the documentpresented 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

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WRIT PETITION No.38962 of 2013

Date: 31[st] December, 2013