In this writ petition, the High Court directed the Revenue Divisional Officer to dispose of a delay in issuing a No Objection Certificate for land registration within fifteen days. The Sub Registrar had declined registration pending this certificate.
Directed the Revenue Divisional Officer to pass orders on the Tahasildar's report within fifteen days.
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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO
W.P.NO.17829 OF 2011
ORDER:
This Writ Petition has been instituted complaining about the action of the respondents in not registering the sale deed in respect of a residential plot in Survey No. 78, of an extent of Ac.0.03 cents situate at Saipeta Street, Kadapa.
The Tahasildar, Kadapa Mandal, the 3rd respondent herein, has submitted a detailed report as long back as on 23-09-2010 to the Revenue Divisional Officer, Kadapa, pointing out that the land situate in Survey No.78 of an extent of Ac.0-73 cents is a patta land and hence, there cannot be any objection for registration of any conveyance deed in respect of such lands. It also appears that the Tahasildar has prepared and enclosed to his report the necessary checklist for issuance of No Objection Certification, but however, from 23-09-2010 onwards, the Revenue Divisional Officer, Kadapa is sitting tight on the matter without passing the orders. Consequently, the petitioner herein is put to hardship, inasmuch as the 1st respondent Sub Registrar, is declining to entertain for registration any document / instrument of conveyance, which is not accompanied by No Objection Certificate by the Revenue Divisional Officer.
Therefore, the 4th respondent Revenue Divisional Officer, is directed to pass appropriate orders on the report submitted by the Tahasildar, Kadapa Mandal on 23-09-2010 within fifteen days from today and communicate the same to the 1st respondent Sub Registrar, who, thereafter, will entertain, process and deal with any document / instrument of conveyance that might be presented by the petitioner, in accordance with law, provided the same is in conformity with all other respects of law.
It is needless to observe that so long as the prohibition contemplated under Section 22-A of the Registration Act, 1908 is not attracted, the document of conveyance is not only required to be registered, but should also be released thereafter.
With this, the writ petition stands disposed of, as consented to by the learned Government Pleader for Revenue, upon receipt of instructions from the Tahasildar, Kadapa Mandal.
------------------------------Nooty Ramamohan Rao, J
mrk 08-07-2011
1 issue framed by the court
Whether the Revenue Divisional Officer is directed to pass orders on the Tahasildar's report regarding No Objection Certificate for land registration.
1 provisions across 1 enactments
Petitioner
Sub Registrar, Kadapa
Tahasildar, Kadapa Mandal
Revenue Divisional Officer, Kadapa
Nooty Ramamohan Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
