Telangana High Court
WP/40235/2012 of K.P.Srinivasulu, Vs The District Collector, on 31 December 2012
C.V. NAGARJUNA REDDY WP Nos.40143, 40158, 40163, 40168, 40188, 40212, 40226, 40235, 40236 & 40311 of 2012 Date : 31-12-2012 W.P.No.40143 of 2012 Between: Palagiri Hafeeza Begum .. Petitioner And The Principal Secretary, Revenue, Govt. of A.P., Secretariat, Hyderabad and others ..
HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY
WP Nos.40143, 40158, 40163, 40168, 40188, 40212,40226, 40235, 40236 & 40311 of 2012
Date : 31-12-2012
W.P.No.40143 of 2012
Between:
Palagiri Hafeeza Begum ..Petitioner
And
The Principal Secretary, Revenue,Govt. of A.P., Secretariat, Hyderabad and others ..
Respondents
Counsel for petitioner : Sri G. Bhaskar
Counsel for respondents : Assistant Government Pleader for Revenue The Court made the following:
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COMMON ORDER:
These Writ Petitions are filed for a mandamus todeclare the action of the registering authorities of theStamps and Registration Department, Government ofAndhra Pradesh, in insisting on production of No ObjectionCertificates (NOCs) as a pre-condition for receiving andregistering the documents sought to be presented by thepetitioners.
At the hearing, the learned Government Pleader forRevenue, submitted that under MemoNo.49938/Regn/1/A1/2012-4, dated 6-12-2012,issued by the Principal Secretary to the Government,instructions were issued to the registering authorities not toinsist on production of the NOCs and that in view of the saidMemo, the registering authorities are no longer insisting onsuch NOCs. He has also submitted that while examiningthe documents received for registration, the registeringauthorities have been directed to consider whether assignments, if any made, were prior to issuance ofG.O.Ms.No.1142, dated 18-6-1954 wherein a condition ofnon-alienation of the assigned lands was incorporated forthe first time so that if the assignments were made prior tothe issuance of the said G.O., the documents may beregistered and in other cases, registration may be refused.
In the light of the above submissions of the learnedGovernment Pleader, the Writ Petitions are disposed of withthe direction to the registering authorities not to insist onproduction of the NOCs for registering the documents. Theyare further directed to examine whether the lands in respectof which the documents are presented, pertain to assignedlands, and if so, whether such assignments were made priorto or after the issuance of G.O.Ms.No.1142, dated 18-6-1954, and take action appropriate action for registering orrefusing to register the documents depending upon thedates of assignment. Unless there is clear proof thatassignments were made after 18-6-1954, the registeringauthorities shall not refuse to register the documents on theground that the lands are assigned lands.
Subject to the above directions, the Writ Petitions aredisposed of.
As a sequel, the applications filed seeking interim reliefin these Writ Petitions are disposed of as infructuous.
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Date : 31-12-2012
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