Allowed

B.Adhilakshmi v. The Government of Andhra Pradesh

Telangana HC10 Apr 2014WP/10871/2014

Case brief

AI extract

What is this about?

The High Court directed the Sub-Registrar to process and register immovable property documents without insisting on a Revenue Authority No Objection Certificate, provided the document fulfills the Registration Act and Stamp Act requirements, and must give written reasons with denial.

What did the court decide?

Directing the Sub-Registrar to register the document without requiring a No Objection Certificate and to provide written reasons if registration is denied.

B.Adhilakshmi Vs The Government of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

¶2

THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND FOURTEEN

¶3

Present

¶4

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶5

WRIT PETITION No.10871 of 2014

¶6

Between:

¶7

B. Adilakshmi, W/o. B. Sankara Reddy, Age: 34, Hindu, Occ: House Wife, R/o. Azadnagar, Anantapur Town, Anantapur District.

¶8

.. Petitioner

¶9

AND

¶10

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

¶11

.. Respondents

¶12

The Court made the following:

¶13

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶14

WRIT PETITION No.10871 of 2014

¶15

ORDER:

¶16

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.

¶17

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.

¶18

3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, PAmidi, 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.

¶19

______________________ JUSTICE P.NAVEEN RAO

¶20

Date: 10^th April, 2014 KL

¶21

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶22

WRIT PETITION No.10871 of 2014

¶23

Date: 10^th April, 2014

¶24

B.Adhilakshmi v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B.Adhilakshmi v. The 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K. Venkat Narayan Reddy S/o. Late Krishna Reddy , Kista Vs The Land Acquisition Officer-cum-

Thota Sattaiah, Vs The Land Acquisition Officer-cum-Special Dy. Collector

Shaik Wali Vs The Government of Andhra Pradesh, Rep. by its Secretary

Mohammed Moiz Ahmed Vs Government of A.P.

Inampudi Sri Lakshmi, W/o.I.Koteswara Rao Vs Government of Andhra Pradesh

D.L.Aswathanarayana, Vs The Govt. of A.P.