Allowed

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

Telangana HC10 Apr 2014WP/10899/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition at the admission stage, directing the Sub-Registrar to register documents without insisting on Revenue Authority No Objection Certificates if they meet statutory requirements under the Registration Act and Indian Stamp Act, unless refusal is reasoned in writing.

What did the court decide?

Directed Sub-Registrar to register documents without insisting on NOC; refusal must be in writing with reasons under Section 71.

D.L.Aswathanarayana, Vs The Govt. of A.P. — Service and Employment | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE TENTH 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.10899 of 2014

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Between:

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D.L. Aswathanarayana, S/o. Late D. Lakshmaiah, Age: 45 years, Occ: Agriculturist, R/o. D.No.3-8-40, Mukkadipet, Hindupur, Anantapur District & 2 others

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.. Petitioners

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AND

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The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue 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.10899 of 2014

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ORDER:

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In this writ petition, the only grievance of the petitioners 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. When the matter is taken up for consideration, learned counsel for petitioners 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 petitioners 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 documents presented by the petitioners without insisting upon such NOC and in the event the documents 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. However, if the 4^th respondent is of the opinion that the documents presented for registration warrant 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: 10^th April, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10899 of 2014

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Date: 10^th April, 2014

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

Case brief

What is this about?

What did the court decide?

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

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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