Allowed

G. Aswartha Narayana Reddy v. The Joint Collector

Telangana HC14 Mar 2011WP/6430/2011

Case brief

AI extract

What is this about?

The Court held that registration authorities cannot refuse registration or demand a 'No Objection Certificate' absent a Government notification under Section 22-A(2) of the Registration Act, 1908.

What did the court decide?

The Sub Registrar, Anantapur, was directed to entertain and process the petitioner's documents for registration without insisting on a 'No Objection Certificate'.

G. Aswartha Narayana Reddy Vs The Joint Collector — Writ and Judicial Review | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA

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WRIT PETITION No.6430 OF 2011

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ORDER:

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The complaint of the petitioner is that the Sub Registrar, Anantapur, is insisting upon production of a ‘No Objection Certificate’ from the revenue authorities for the purpose of registering his documents in respect of the plots in Survey No.4/2A in Anantapur Municipal limits, Anantapur District. He seeks a consequential direction to the Sub Registrar, Anantapur, to receive and register the documents presented by him in respect of these plots without insisting upon such certification.

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2. According to the petitioner, the subject land was originally assigned to a political sufferer and was sold to him after expiry of the stipulated period of prohibition of alienation. He claims to have demarcated the land into plots and being desirous of selling away such plots for his personal needs, he approached the Sub Registrar, Anantapur, who insisted upon production of a ‘No Objection Certificate’ from the competent authority. Aggrieved thereby, the petitioner approached this Court.

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3. Learned Assistant Government Pleader for Revenue fairly conceded that after the expiry of ten years, political sufferers were entitled to alienate the land assigned to them and such alienation would not be struck by the prohibition envisaged under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977.

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4. This Court has consistently held that unless a prohibition with regard to registration is put in place by the Government by way of a notification issued under Section 22-A (2) of the Registration Act 1908, it would not be open to the registration authorities to refuse registration

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of a document or insist upon production of a ‘No Objection Certificate’ from the revenue authorities. The insistence by the Sub Registrar, Anantapur, upon such a certificate, therefore, has no legal basis.

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5. The Writ Petition is accordingly disposed of directing the Sub Registrar, Anantapur, to entertain the documents presented by the petitioner in respect of his land in Survey No.4/2A in Anantapur Municipal limits, Anantapur District, and process the same for registration in accordance with law without insisting upon a ‘No Objection Certificate’ from the revenue authorities. In the circumstances, there shall be no order as to costs.

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ASHUTOSH MOHUNTA,J

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Dt. 14.03.2011 lvl

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THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA

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WRIT PETITION No.6430 OF 2011

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Dt. 14.03.2011

G. Aswartha Narayana Reddy v. The Joint Collector

Case brief

What is this about?

What did the court decide?

G. Aswartha Narayana Reddy v. The Joint Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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