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K.Chand Basha, v. The State of Andhra Pradesh

Telangana HC13 Dec 2013WP/35439/2013

Case brief

AI extract

What is this about?

The Court held that Registration Authorities lack legal sanction to demand No Objection Certificates (NOCs) from Revenue Authorities for property registration. Relying on a 2013 order and state government instructions, it directed the Sub-Registrar to process documents without such NOCs unless statutory authorization exists, empowering refusal only with written reasons under Section 71.

What did the court decide?

Directed the Sub-Registrar, Hindupur, to receive and process documents without insisting on NOCs and to register them if they fulfill requirements under the Registration Act and Stamp Act; refusal req

K.Chand Basha, Vs The State of Andhra Pradesh — Property and Title | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.35439 of 2013

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Dated : 13.12.2013

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Between:

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K.Chand Basha, S/o K.Gafar Sab

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.. Petitioner And

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The State of Andhra Pradesh

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Rep. by its Principal Secretary and others

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.. Respondents

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.35439 of 2013

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ORDER :

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The grievance of the petitioner 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 him 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. On similar issue, batch of writ petitions were disposed of by this Court by an order, dated 28.06.2013. Aggrieved by the order in W.P.No.12376 of 2013, dated 24.04.2013, the District Collector, Chittoor District, filed Writ Appeal No.1653 of 2013. The Division Bench of this Court affirmed the decision of the learned Single Judge. The Division Bench issued the following directions:

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“Accordingly, we affirm the judgment and order of the learned Single Judge. We direct henceforth that no Government official shall act or take action in any manner unless that official concerned is authorized by law. Accordingly, the No Objection Certificate which has hitherto been asked for registration of the document shall not be demanded any more unless it is authorized by an appropriate enactment with prospective effect and not retrospective effect.

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We feel that this judgment has got tremendous public importance. Therefore, a copy of this judgment shall be circulated to all the District Registrars, who in turn, shall issue instructions to their officers concerned under his control.”

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4. It is unfortunate that the Registering Authorities continue to insist upon “No Objection Certificate” from the Revenue Authorities before receiving the documents pertaining to immovable properties.

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5. The Writ Petition is disposed of directing the Sub-Registrar, Hindupur, Anantapur District-4^th respondent to receive and process the documents presented by the petitioner without insisting upon such NOC and in the event the document presented fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the documents in accordance with the due procedure. If, however the 4^th respondent is of the

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opinion that the document presented for registration warrants denial, he 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. There shall be no order as to costs.

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Miscellaneous petition, if any, pending in this writ petition, shall stand closed.

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___________________ P.NAVEEN RAO, J December 13^th , 2013. ssp

K.Chand Basha, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

K.Chand Basha, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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