The Court held that a Sub-registrar has no authority to insist on a No Objection Certificate from other parties or revenue authorities for document registration.
Directed the fourth respondent to receive and process registration documents without insisting on a No Objection Certificate.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.22476 of 2012
ORDER:
This writ petition is filed seeking a mandamus declaring the action of the fourth respondent – SubRegistrar, Hindupur, Anantapur District, in insisting the petitioners to get no objection certificate from respondents 1 to 3 in respect of lands admeasuring Acs.0.92 cents and Ac.0.92 cents covered by Survey Nos.82-1A and 82-1B respectively of Srikantapuram Village, Hindupur Mandal, Anantapur District, as illegal and arbitrary.
It is the grievance of the petitioners that though they have valid documents in compliance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908, the fourth respondent is insisting on them to produce no objection certificate from respondents 1 to 3 without any authority of law and jurisdiction.
Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents.
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 Sub-
Section (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.
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.
Hence, the writ petition is disposed of directing the fourth respondent to receive and process the documents that may be presented by the petitioners for registration without insisting on submission of “No Objection Certificate” from the revenue authorities. If the documents pertain to the lands that are mentioned in Clauses (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 documents.
In view of disposal of the Writ Petition,
WPMP.No.28798 of 2012 also stands disposed of.
R.SUBHASH REDDY, J
24th JULY, 2012.
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2 issues framed by the court
Whether a Sub-registrar is empowered to demand a No Objection Certificate from other respondents for registering land documents.
Whether Section 22-A of the Registration Act, 1908 permits the registering authority to insist on submission of such a certificate.
1 provisions across 1 enactments
Petitioners
SubRegistrar, Hindupur
Respondents 1 to 3
R.SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
