Disposed

S. Raghunatha Naidu, v. The State of A.P. rep.by its Prl. Secretary

Andhra Pradesh HC1 Dec 2022WP/37089/2015

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a direction to register sale deeds without an NOC. The Court directed the respondents to receive documents under Section 71 without insisting on an NOC, while reserving the right to reject improperly if reasons are recorded.

What did the court decide?

Directed respondents to receive and process documents without insisting on NOC.

S. Raghunatha Naidu, Vs The State of A.P… — Writ and Judicial Review | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.37089 of 2015

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ORDER :

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The present Writ Petition came to be filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“to issue a Writ or Order more in the nature of Mandamus declaring the action of the 5th respondent in insisting No Objection Certificate for registration of the petitioners land admeasuring Ac.5.25 cents in Survey No.549/2 in Bandameedakammapalle Revenue Village, Madanapalle Mandal, Chittoor District, as illegal, arbitrary and against to law and consequently direct the 5th respondent to receive, register the sale deeds in respect of the petitioners land admeasuring Ac.5.25 cents in Survey No.549/2 in Bandameedakammapalle Village, Madanapalle Mandal, Chittoor District….”

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Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching merits of the case, to issue a direction to the respondents to receive and register the document(s) presented by the petitioner, without insisting for production of NOC.

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Learned Assistant Government Pleader for Revenue readily agreed to receive and register the document(s) presented by the petitioner, in accordance with Section 71 of the Registration Act, 1908 (for short ‘the Act’). However, it is relevant to refer to Section 71 of the Act, which reads as follows:

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“(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his subdistrict, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the

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document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.”

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In view of the submissions made by the learned Assistant Government

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Pleader for Revenue, the respondents are directed to receive and process the document(s) submitted by the petitioner as per the provisions of Section 71 of the Act, without insisting for production of NOC. In case the instrument presented cannot be registered, the respondents shall pass appropriate orders as required under Section 71 of the Registration Act, as it is appealable under Section 72 of the Registration Act.

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With the above direction, the Writ Petition is disposed of. No costs.

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Consequently, miscellaneous petitions pending, if any, shall also stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 01.12.2022 AVTP

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269

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.37089 of 2015

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Date : 01.12.2022

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AVTP

S. Raghunatha Naidu, v. The State of A.P. rep.by its Prl. Secretary

Case brief

What is this about?

What did the court decide?

S. Raghunatha Naidu, v. The State of A.P. rep.by its Prl. Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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