Allowed

Smt. Jayalakshmamma, v. The District Collector

Telangana HC5 Dec 2012WP/37502/2012

Case brief

AI extract

What is this about?

This court disposed of two writ petitions concerning the requirement of a No Objection Certificate from revenue authorities before registering documents. Relying on a prior order, the court directed authorities to process documents without such certificates while providing charge details.

What did the court decide?

Petitioners directed to furnish stamp duty details; registering authorities ordered to receive documents without insisting on No Objection Certificate from revenue.

Smt. Jayalakshmamma, Vs The District Collector — Writ and Judicial Review | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE FIFTH DAY OF DECEMBER, TWO THOUSAND AND TWELVE

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PRESENT:

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THE HON’BLE MR. JUSTICE SANJAY KUMAR

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WRIT PETITION Nos.37490 & 37502 of 2012

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W.P.No.37490 of 2012

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Between: K. Vmialadevi … Petitioner And The District Collector, Anantapur, Anantapur District & others. … Respondents W.P.No.37502 of 2012 Between: Smt. Jayalakshmamma … Petitioner And The District Collector, Anantapur, Anantapur District & others. … Respondents

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This Court made the following:

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THE HON'BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION Nos.37490 & 37502 of 2012

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COMMON ORDER:

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The grievance of the petitioners in these cases is with regard to the action of the registering authorities in insisting upon a No Objection Certificate from the revenue authorities as a condition precedent for informing the petitioners as to the stamp duty and the registration charges payable upon the documents to be presented by them for registration.

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This Court had an occasion to deal with a similar issue in W.P.No.32156 of 2012. The order dated 12.10.2012 passed therein is placed on record and reflects that this Court found no legal sanction for insistence upon a No Objection Certificate from the revenue authorities. This Court observed that when a document is presented for registration, the registering authority necessarily has to receive and process the same and in the event any reasons for refusing registration are made out, the registering authority has to record such reasons and communicate the same to the person presenting the document as contemplated under Section 71 of the Registration Act, 1908.

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For reasons alike as were mentioned in the said order, these Writ Petitions are disposed of directing the registering authorities to receive the documents presented by the petitioners, after furnishing them the details of the stamp duty and registration charges payable thereon, without insisting upon a No Objection Certificate from the revenue authorities. It shall be open to the registering authorities to deal with the documents so presented in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. No order as to

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costs.

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In the light of this final order, WPMP.No.47567 of 2012 in W.P.No.37490 of 2012 and WPMP.No.47591 of 2012 in W.P.No.37502 of 2012 no longer survive for consideration and are accordingly dismissed.

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____________________ SANJAY KUMAR, J

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Date: 05.12.2012 ES

Smt. Jayalakshmamma, v. The District Collector

Case brief

What is this about?

What did the court decide?

Smt. Jayalakshmamma, v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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