Allowed

T.Chinna Sanjeevappa , Sanjeevarayudu, v. The Govt. of A.P. Rep.by its Pricipal Secretary, Revenue

Telangana HC9 Oct 2012WP/29897/2012

Case brief

AI extract

What is this about?

Writ court directed a registering authority to entertain a transfer document for land without insisting on a No Objection Certificate from revenue authorities, holding that alienation restrictions only arose after the 1954 GO and Registration Act imposes no such prerequisite.

What did the court decide?

Direction to the fourth respondent to receive and process the transfer document without insisting on a No Objection Certificate, subject to verification under the Registration and Stamp Acts.

T.Chinna Sanjeevappa , Sanjeevarayudu, Vs The Govt. of… — Land Acquisition | Telangana HC (2012)

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HON’BLE SRI JUSTICE R. SUBHASH REDDY

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WRIT PETITION No.29897 OF 2012

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ORDER:

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This Writ Petition is filed seeking a direction by way of mandamus to declare the action of the fourth respondent, in not entertaining the document presented by the petitioner for registration in respect of land admeasuring Ac.8-16 cents covered by Survey No.532A situated at M.Agraharam Village, Tadimarri Mandal, Anantapur District, and insisting the petitioner for production of No Objection Certificate from the revenue authorities, as illegal and arbitrary.

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It is the case of the petitioner that land admeasuring Ac.15-55 cents covered by Survey No.532 situated at M.Agraharam Village, Tadimarri Mandal, Anantapur District, is a private patta land belonging to one K. Pakkiramma, from whom he purchased an extent of Ac.8-16 cents of land in Survey No.532-A through registered sale deed, dated 22.04.1953. It is stated that since the date of purchase, the petitioner is in possession and enjoyment of the same and pattedar pass book and title deed were also issued in his favour.

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In the Writ Petition, the grievance of the petitioner is that the land in question is a patta land purchased by him in the year 1953 and when he intended to sell the same, respondents are not entertaining the document for registration on the ground that the land in question is an assigned land. It is stated that even for assigned lands, conditions prohibiting alienation came into force only on issuance of orders by the Government in G.O.Ms.No.1142, dated 18.06.1954, and in that view of the matter, there cannot be any objection to receive the document for registration.

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On the other hand, it is submitted by the learned Government Pleader for Revenue appearing for the respondents that even without presenting any document for registration, the petitioner has

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approached this Court and that if the petitioner presents the document, along with the required documents, the same will be considered for registration.

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In this case, it is to be noticed that the petitioner himself has purchased the land by registered sale deed, dated 22.04.1953. Even assuming that the said land is originally an assigned land, conditions prohibiting alienation of the assigned lands have come into force only after issuance of G.O.Ms.No.1142, dated 18.06.1954. Even under the scheme of Registration Act, 1908 and the Rules made thereunder, there is no provision to insist for No Objection Certificate before entertaining any document for registration.

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For the aforesaid reasons, I deem it appropriate to dispose of the Writ Petition with a direction to the fourth respondent that if the petitioner presents any document for transfer of the land admeasuring Ac.8-16 cents covered by Survey No.532-A situated at M.Agraharam Village, Tadimarri Mandal, Anantapur District, the same shall be received and processed for registration, without treating the said land as assigned land and also without insisting for production of No Objection Certificate from respondent

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Nos.1 to 3. However, it is made clear that it is open to the registering authority to verify whether the document to be presented by the petitioner is in accordance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

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With the above direction, the Writ Petition stands disposed of. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. No costs.

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______________________ R. SUBHASH REDDY, J

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October 09, 2012 MD

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HON’BLE SRI JUSTICE R. SUBHASH REDDY

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WRIT PETITION No.29897 OF 2012

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October 09, 2012

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T.Chinna Sanjeevappa , Sanjeevarayudu, v. The Govt. of A.P. Rep.by its Pricipal Secretary, Revenue

Case brief

What is this about?

What did the court decide?

T.Chinna Sanjeevappa , Sanjeevarayudu, v. The Govt. of A.P. Rep.by its Pricipal Secretary, Revenue

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

Coram

Case details

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