WP/38692/2013 of N. Murali Mohan, Vs The Government of Andhra Pradesh, Rep. by its Principal on 30 December 2013

ORDER:

The grievance of the petitioners is with regard to the insistence by the registeringauthorities on production of ‘No Objection Certificates’ (NOCs) from the RevenueAuthorities as a condition precedent for receiving and registering the documents presentedby them for registration in connection with immovable properties.

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 petitioners 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, Warangal Rural, Wrangal District (3[rd] respondent) to receiveand process the documents presented by the petitioners without insisting upon such NOCand in the event the documents presented fulfil the requirements of the Registration Act,1908, and the Indian Stamp Act, 1899, he shall register and release the documents inaccordance with the due procedure. If, however the 3[rd] respondent is of the opinion thatthe documents presented for registration warrants denial, he shall pass orders in writingindicating the reasons for such refusal and communicate the same to the party inaccordance with Section 71 of the Registration Act, 1908. There shall be no order as tocosts. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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JUSTICEP.NAVEEN RAO

Date: 30[th] December, 2013

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HON’BLE SRI JUSTICE P.NAVEEN RAO

Date: 30.12.2013