The High Court directed the registering authority to accept a document for land sale registration without insisting on a no objection certificate from other respondents.
The petitioner was directed to receive the document for sale of the land without insisting for 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.
HON'BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.22615 of 2012
Date : 25.07.2012
Between :
K.Anantamma.
…..Petitioner
And
The Joint Collector, Anantapur & others.
…..Respondents
HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.22615 of 2012
ORDER :
This writ petition is filed, seeking directions by way of Mandamus, declaring the action of respondent No.4 in not entertaining the document for registration with regard to the land covered by Sy.No.677/1, admeasuring Ac.2.79 cents, situated at Koderu village and Mandal of Anantapur District, as illegal and arbitrary.
It is the case of petitioner that the aforesaid land is her patta land and when she wanted to alienate the same, respondent No.4 is insisting for ‘no objection certificate’ from respondents 1 to 3. It is her grievance that as the land in question is not an assigned land, there is no reason to insist for no objection certificate.
Under the scheme of Registration Act, there is no provision to insist for ‘no objection certificate’ by respondent No.4 from respondents 1 to 3. If for any reason, registration is prohibited under Section 22-A of the Registration Act, 1908, it is for the registering authority to make an endorsement to that effect and convey the reason to the applicant, but at the same time, he cannot refuse to receive the document on the ground that it is not accompanied by ‘no objection certificate’.
As the petitioner is pleading that the land in question is a private patta land, its registration cannot be refused, but it is a matter to be considered by the registering
authority when the document is produced. In that view of the matter, without going into merits of the claim of petitioner, I deem it appropriate to dispose of the writ petition, directing the 4th respondent to receive the document to be produced by the petitioner for sale of the aforesaid land, without insisting for ‘no objection certificate’. However, it is made clear that if there are any grounds to refuse registration, this will not preclude the 4th respondent to record reasons for such refusal and communicate the same to the petitioner as contemplated under Section 71 of the Registration Act, 1908.
Subject to the above directions, the writ petition is disposed of. No costs.
As a sequel, WPMP.No.28951 of 2012 stands closed.
______________________ R. SUBHASH REDDY, J
25th July 2012 ajr
2 issues framed by the court
Whether the registering authority can refuse to receive a document for registration without a no objection certificate.
Whether the petitioner is entitled to be directed to receive the document for sale of land without demanding a no objection certificate.
2 provisions across 1 enactments
K. Anantamma
The Joint Collector, Anantapur
R. SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
