Allowed

D.Bojia Reddy, S/o Sri Devara Bali Reddy, v. District Collector, Chittoor

Telangana HC26 Apr 2011WP/11935/2011

Case brief

AI extract

What is this about?

The Court directed the Sub-Registrar to register a sale deed regarding assigned land predating 1954 without requiring a No Objection Certificate from the Tahasildar, dismissing the petition at the admission stage.

What did the court decide?

The petition for registration of the sale deed was entertained without obtaining a No Objection Certificate from the Tahasildar.

D.Bojia Reddy, S/o Sri Devara Bali Reddy, Vs District… — Property and Title | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO

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WRIT PETITION No. 11935 OF 2011

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O R D E R:

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The writ petitioner claims that he has entered into an agreement of sale with Neeli Seshaiah and legal heirs of Neeli Changaiah, in respect of Ac.3.89 cents in Survey No. 17 situate at Doddipally Village, Piler Mandal, Chittoor District. It is stated that the petitioner and his predecessors-in-interest have been cultivating these lands for over 50 years. But however, when he presented the document of sale transaction concerning this land for registration, the 3^rd respondent Sub-Registrar is insisting for securing a ‘No Objection Certificate’ from the 2^nd respondent Tahasildar, Piler Mandal, as the Tahasildar has indicated that land in Survey No. 17 of Doddipally Village is an assigned land.

¶5

The true copies of the pattadar passbooks of the predecessors of the writ petitioner clearly reveal that the link document for the land is traceable to 1934. Prior to 1954, even though land may have been assigned by the State, there is no prohibition against its alienation. Prohibition of alienation of assigned lands was only contemplated in the year 1954. Therefore, action of the Sub-Registrar in asking for ‘No Objection Certificate’ prior to registering the document presented by the writ petitioner is not justifiable.

¶6

The 3^rd respondent is therefore, directed to entertain any document, evidencing the sale transaction of the land comprising of Ac.3.89 cents in Survey No. 17 of Doddipally Village, Piler Mandal, Chittoor District and deal with the same in accordance with law and he shall not insist for securing or obtaining the ‘No Objection Certificate” from the Tahasildar, Piler Mandal.

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With this, the Writ Petition stands disposed of, at the admission

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stage with the consent of the learned Assistant Government Pleader for Revenue (Andhra and Rayalaseema). No costs.

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---------------------------------(NOOTY RAMAMOHANA RAO, J)

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26^th April 2011

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ksld

D.Bojia Reddy, S/o Sri Devara Bali Reddy, v. District Collector, Chittoor

Case brief

What is this about?

What did the court decide?

D.Bojia Reddy, S/o Sri Devara Bali Reddy, v. District Collector, Chittoor

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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