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Patan Nasurullah Khan, v. State of Andhra Pradesh, Rep. by its Principal Secretary

Telangana HC22 Apr 2014WP/12382/2014

Case brief

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What is this about?

A Single Judge order disposing a writ petition challenging the demand for Revenue authority NOCs for property registration. The Court directed the Sub-Registrar to accept documents without NOCs if registration laws are met, otherwise passing reasons in writing.

What did the court decide?

The Sub-Registrar directed to receive and process documents without insisting on NOCs and register them if they meet legal requirements; otherwise, pass written reasons for refusal.

Patan Nasurullah Khan, Vs State of Andhra Pradesh, Rep… — Property and Title | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.12382 of 2014

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Dated : 22.04.2014

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Between:

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Patan Nasurullah Khan, S/o Patan Khadhar Khan, 45 yrs., Private employee, R/o Qathar, UAE, Rep. by his General Power of Attorney Holder, Patan Naseeb Jan, W/o Patan Nasurullah Khan, 42 yrs., R/o D.No.3/1A, Veeraballi road, Masapet post, Rayachoti Mandal, Kadapa District.

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.. Petitioner

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And The Government of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department (Stamps & Registration), Secretariat, Saifabad, Hyderabad and three others

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.. Respondents

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This Court made the following :

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.12382 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 Certificates’ (NOCs) from the Revenue Authorities as a condition precedent for receiving and registering the documents presented by him for registration in connection with immovable properties.

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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 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, Rayachoti, Kadapa District (2^nd respondent) to receive and process the documents presented by the petitioner 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 2^nd respondent is of the opinion that the documents 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.

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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 : 22.04.2014 ssp

Patan Nasurullah Khan, v. State of Andhra Pradesh, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Patan Nasurullah Khan, v. State of Andhra Pradesh, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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