Allowed

Smt. Kambampati Mahalakshmi, v. The Government of Andhra Pradesh

Telangana HC17 Apr 2014WP/11720/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition insisting that the Sub-Registrar at Vatluru must register the petitioner's documents for immovable property without demanding a Revenue NOC. The Court directed registration if statutory requirements are met or issue written reasons for refusal under Section 71.

What did the court decide?

Directed Sub-Registrar, Vatluru to receive and process petitioner's documents without insisting on NOC and register them if fulfiling statutory requirements, or pass written reasons for refusal under

Smt. Kambampati Mahalakshmi, Vs The Government of Andhra… — Land Acquisition | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE SEVENTEENTH 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.11720 of 2014

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Between:

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Smt. Kambampati Mahalakshmi, W/o. Madhava Rao, 46 years, House wife, R/o. M. Narasanna Palem, Nujiveedu (M), Krishna District.

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.. Petitioner

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AND

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The Government of A.P., Rep. by its Principal Secretary to the Government, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & 4 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.11720 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 documents presented by her 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, Vatluru, Eluru Mandal, West Godavari 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

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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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_________________ P.NAVEEN RAO, J Date: 17^th April, 2014

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.11720 of 2014

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Date: 17^th April, 2014

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Smt. Kambampati Mahalakshmi, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Smt. Kambampati Mahalakshmi, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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