Allowed

H.Mylarappa, v. The State of Andhra Pradesh, Represented by its

Telangana HC3 Apr 2014WP/10240/2014

Case brief

AI extract

What is this about?

A single judge disposed of a writ petition challenging the insistence by registering authorities on a No Objection Certificate for document registration. The court directed the Sub-Registrar to process the document without NOC if statutory requirements are met, or pass written reasons for refusal under Section 71.

What did the court decide?

Petitioner directed to receive and process document without NOC; if refusal, reasons to be given in writing under Section 71.

H.Mylarappa, Vs The State of Andhra Pradesh… — Property and Title | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND FOURTEEN

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Present

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10240 of 2014

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Between:

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H. Mylarappa, S/o. Otukaru Gangappa, Aged about 48 years, Occ: Agriculture, R/o. Beechiganipalli Village, Parigi Mandal, Anantapur District

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.. Petitioner

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AND The State of Andhra Pradehs, Rep. by its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat, Hyderabad & 3 others

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.. Respondents

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The Court made the following:

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10240 of 2014

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ORDER:

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In this writ petition, the only grievance of the petitioner is with regard to the insistence by the registering authorities on production of ‘No Objection Certificate’ (NOC) from the Revenue Authorities as a condition precedent for receiving and registering the document presented by him for registration in connection with immovable property.

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2. When the matter is taken up for consideration, learned counsel for petitioner and learned Government Pleader for Revenue submit that the subject matter to the extent of No Objection Certificate is squarely covered by the decision of Division Bench in W.A.No.1653 of 2013. With the consent of both the learned counsel, the writ petition is disposed of at the admission stage. Learned counsel for petitioner also submits that the land in issue is not assigned to Ex-Servicemen.

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3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Hindupur, Anantapur District (4^th respondent) to receive and process the document presented by the petitioner without insisting upon such NOC and in the event the document presented fulfils the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the document in accordance with the due procedure. However, if the 4^th respondent is of the 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. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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JUSTICE P.NAVEEN RAO

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Date: 3^rd April, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10240 of 2014

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Date: 3^rd April, 2014

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H.Mylarappa, v. The State of Andhra Pradesh, Represented by its

Case brief

What is this about?

What did the court decide?

H.Mylarappa, v. The State of Andhra Pradesh, Represented by its

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

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