Allowed

P.Varaprasad v. The District Collector

Telangana HC16 Jul 2012WP/21411/2012

Case brief

AI extract

What is this about?

A writ petition was filed challenging the SubRegistrar's requirement for a No Objection Certificate before processing a land sale document. The Court held that the Registering authority has no discretion to insist on such certificates and directed the Respondent to process the document.

What did the court decide?

Directed the third respondent to receive and process the document without insisting on a No Objection Certificate from respondents 1 and 2.

P.Varaprasad Vs The District Collector — Land Acquisition | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.21411 of 2012

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ORDER:

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This writ petition is filed seeking a mandamus declaring the action of the third respondent – SubRegistrar, Hindurpur, Anantapur District, in not receiving and processing the document for sale of agricultural land admeasuring Ac.1.71 cents covered by Survey No.22-2 of Kaggallu Village, Hindupur Mandal, Anantapur District and insisting the petitioners to get no objection certificate from respondents 1 and 2, as illegal and arbitrary.

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It is the case of the petitioners that the land in question was assigned originally in 1934. It is stated that there was a partition, in which, the land in question fell to the share of their vendors. It is the grievance of the petitioners that when they wanted to present the document for registration, the third respondent is insisting for no objection certificate from respondents 1 and 2 without any authority of law and jurisdiction.

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue appearing for the respondents.

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It is no doubt true that Section 22-A of the Registration Act, 1908 as amended by A.P. State Legislation prohibits registration of documents in respect of the lands mentioned in Clauses (a) to (e) of SubSection (1) thereof. Where, however, the lands do not fall into that category, the Registrar has no discretion except to admit the documents for registration ensuring compliance with the relevant provisions of law. It is only when a land is referable to any of the Clauses mentioned above, that registration can be refused.

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Registering authority cannot insist on submission of “No Objection Certificate”. That would be reading much into Section 22-A of the Registration Act and expanding the prohibition contained therein. It is well established that any provision that imposes restrictions on the rights of the citizens must be construed strictly and the scope of any such provision cannot be expanded.

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Hence, the writ petition is disposed of directing the third respondent to receive and process the document that may be presented by the petitioners without insisting on submission of

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“No Objection Certificate” from the revenue authorities. If the document pertains to the lands that are mentioned in Clauses

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(a) to (e) of Section 22-A(1) of the Registration Act, he shall communicate the same to the parties concerned within one week from the date of presentation of such document.

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In view of disposal of the Writ Petition, WPMP.No.27436 of 2012 also stands disposed of.

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______________________ R.SUBHASH REDDY, J

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16^th JULY, 2012. kvni

P.Varaprasad v. The District Collector

Case brief

What is this about?

What did the court decide?

P.Varaprasad v. The District Collector

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

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Case details

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