Allowed

Mala Eswaramma, v. Government of Andhra Pradesh

Telangana HC7 Apr 2014WP/10554/2014

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a writ petition challenging the insistence by registering authorities on a No Objection Certificate from revenue authorities for immovable property registration. The court directed the Sub-Registrar to process the document without requiring the NOC if statutory requirements are met.

What did the court decide?

Directed Sub-Registrar to receive and process the document without insisting on NOC and register if statutory requirements are met; refusal must be in writing citing reasons.

Mala Eswaramma, Vs Government of Andhra Pradesh — Property and Title | Telangana HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

¶2

MONDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND FOURTEEN

¶3

Present

¶4

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶5

WRIT PETITION No.10554 of 2014

¶6

Between:

¶7

Mala Eswaramma, W/o. Mala Narsimhudu, Aged 40 years, Bukkacherla Village, Rapthadu Mandal, Anantapur District.

¶8

.. Petitioner

¶9

AND

¶10

The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 others

¶11

.. Respondents

¶12

The Court made the following:

¶13

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶14

WRIT PETITION No.10554 of 2014

¶15

ORDER:

¶16

When the matter is taken up, the learned counsel for the petitioner states that the grievance in this writ petition is only with reference to insistence by the registering authority to obtain No Objection Certificate from the revenue authorities and the relief to that extent be granted.

¶17

2. 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 her for registration in connection with immovable property.

¶18

3. 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.

¶19

4. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Anantapur Rural, Anantapur, 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.

¶20

JUSTICE P.NAVEEN RAO

¶21

Date: 7^th April, 2014 KL

¶22

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶23

WRIT PETITION No.10554 of 2014

¶24

Date: 7^th April, 2014

¶25

Mala Eswaramma, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Mala Eswaramma, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Abdul Khayyum Vs The Government of Andhra Pradesh, Rep. by its Principal

Southern Power Distribution Company of a.P.Ltd., Vs Employees Provident Fund Organisation

A. Anjaneyulu Vs The Government of Andhra Pradesh Rep. through Its Prl.

Mandepudi Masthanamma, Vs Government of Ap

Hi-Tec Valves, Vs Union of India

Attlurimugappagari Ramamohan Reddy, S/o.a.Subba Reddy Vs The Union of India