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Thomurothu Ramu v. Government of Andhra Pradesh rep. by its Principal

Telangana HC23 Apr 2014WP/12555/2014

Case brief

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What is this about?

This Court disposed of a writ petition challenging the insistence of registering authorities on No Objection Certificates for registering immovable property documents. The petition was disposed of at the admission stage, directing the Joint Sub-Registrar to process documents without requiring NOC if they comply with statutory requirements, or to issue a written refusal under Section 71 of the Regi

What did the court decide?

Directed Joint Sub-Registrar-I, Gopalapatnam to receive and process documents without insisting on NOC if they fulfill statutory requirements; provided for written refusal with reasons under Section 7

Thomurothu Ramu Vs Government of Andhra Pradesh rep. by… — Land Acquisition | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.12555 of 2014

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Dated : 23.04.2014

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Between:

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Thomurothu Ramu, S/o late Bangaraiah, Hindu, 57 yrs., R/o D.No.6-92, Priya Gardens, Simmachalam, Visakhapatnam, Visakhapatnam District.

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.. Petitioner

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And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad and four 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.12555 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

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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 Joint Sub-Registrar-I, Gopalapatnam, Visakhapatnam, Visakhapatnam District

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(5^th 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 5^th 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 : 23.04.2014 ssp

Thomurothu Ramu v. Government of Andhra Pradesh rep. by its Principal

Case brief

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Thomurothu Ramu v. Government of Andhra Pradesh rep. by its Principal

Case brief

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