Dismissed

Smt. C. Surekha, v. The Government of Andhra Pradesh, Rep. by its Principal

Telangana HC5 Sept 2013WP/26065/2013

Case brief

AI extract

What is this about?

This common order disposed of writ petitions challenging the requirement of Revenue NOCs for registering immovable property documents. The Court held that insisting on such NOCs has no legal sanction and directed authorities to register documents fulfilling statutory requirements under the Registration and Stamp Acts without prior revenue certification.

What did the court decide?

Directing Registering Authorities to receive and process documents without insisting on Revenue NOCs and register them if they fulfill statutory requirements under the Registration Act and Indian Stam

Smt. C. Surekha, Vs The Government of Andhra Pradesh… — Landlord and Tenant | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.26006 of 2013 & batch

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(W.P. Nos.26006, 26050, 26065 & 26081 of 2013)

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Date: September 05, 2013

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WRIT PETITION No.26006 of 2013:

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Between: 1. R. Pulla Reddy & 3 others. … Petitioners

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And

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1. The Government of A.P, rep. by its Principal Secretary, Revenue Department (Stamps & Registration, Hyderabad & 5 others. … Respondents

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.26006 of 2013 & batch

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(W.P. Nos.26006, 26050, 26065 & 26081 of 2013)

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COMMON ORDER:

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The grievance of the petitioners in this batch of cases is with regard to the insistence by the registering authorities on production of ‘No Objection Certificates’ (NOCs) from the Revenue Authorities as a condition precedent for receiving and registering the documents presented by them for registration in connection with immovable properties.

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2. This Court has time and again held that there is no legal sanction for the action of the Registration Authorities in insisting upon such certification from the Revenue Authorities before entertaining documents for registration. Further, the Government of Andhra Pradesh issued Memo No.49938/Regn.I/A1/2012-4 dated 06.12.2012 requesting the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, to instruct all the Registering Officers in the State not to ask for NOCs from the Revenue Authorities before registration and not to act on any such NOCs.

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3. In the light of the above, it is not open to the Registering Authorities to continue to insist upon prior certification by the Revenue Authorities before receiving and registering documents pertaining to immovable properties.

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4. The writ petitions are accordingly disposed of directing the Registering Authorities concerned to receive and process the documents presented by the petitioners without insisting upon such NOCs and in the event the documents presented fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, they shall register and release the documents in accordance with the due procedure. If, however, the Registering Authority concerned is of the opinion that the document presented for registration warrants denial, he

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shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1908. Pending W.P.M.Ps in this batch of cases shall stand closed in the light of this final order. No costs.

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____________________ SANJAY KUMAR, J

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Date: September 05, 2013 BSB

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.26006 of 2013 & batch

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(W.P. Nos.26006, 26050, 26065 & 26081 of 2013)

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Date: September 05, 2013

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BSB

Smt. C. Surekha, v. The Government of Andhra Pradesh, Rep. by its Principal

Case brief

What is this about?

What did the court decide?

Smt. C. Surekha, v. The Government of Andhra Pradesh, Rep. by its Principal

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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