Allowed

Smt Chaduvula Jagadamba, v. The Government of Andhra Pradesh

Telangana HC29 Apr 2014WP/12849/2014

Case brief

AI extract

What is this about?

This writ petition challenged the refusal of the registering authority to register documents pending production of Revenue NOCs. The court directed the Sub-Registrar to accept and process documents fulfilling statutory requirements without the NOC condition but allowed written denial with reasons if warranted.

What did the court decide?

Directing Sub-Registrar to receive, process, and register documents if they meet statutory requirements of the Registration Act and Indian Stamp Act without insisting on Revenue NOCs.

Smt Chaduvula Jagadamba, Vs The Government of Andhra… — Property and Title | Telangana HC (2014)

¶1

HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.12849 of 2014

¶2

Date: 29.04.2014

¶3

Between : Smt Chaduvula Jagadamba, W/o Venkata Surya Prakasha Rao R/o G Sigadam village and mandal Srikakulam district and another … Petitioner and The Govt of A P Registration and Stamps Department Secretariat Hyderabad and others … Respondents

¶4

The Court made the following:

¶5

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

¶6

WRIT PETITION No. 12849 of 2014

¶7

ORDER :

¶8

In this writ petition the grievance of the petitioners is with regard to the action of the respondents in refusing to receive and register the documents presented by the petitioners in respect of land to an extent of Ac.2.45 in Survey No. 522-2, Raghunathapuram village, Tekkali mandal, Srikakulam district as illegal. However, when the matter is taken up for hearing, learned counsel for petitioners submitted that the relief sought in the writ petition is confined only to the extent of insistence by the

¶9

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.

¶10

2. 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 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.

¶11

3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Tekkali, Srikakulam district (second 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 second 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.

¶12

Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

¶13

__________________________ JUSTICE P.NAVEEN RAO

¶14

Date : 29.4.2014 tvk

¶15

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

¶16

WRIT PETITION No. 12849 of 2014

¶17

Date: 29.4.2014

Smt Chaduvula Jagadamba, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Smt Chaduvula Jagadamba, 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

Arisetty Krishna Rao, S/o.late Seetharamayya, Vs The Government of Andhra Pradesh

A.Lakshmi Nagamani, W/o. Late a.Sivaramaiah Vs The Government of A.P.

Boggula Ramakka Vs The Government of Andhra Pradesh

Taticharla Phanindra Sarma Vs The Government of Andhra Pradesh, Rep. by its Secretary

M/s Sri Anjani Parboiled Rice Mill Vs The Food Corporation of India

B. Venkatalakshmamma, Vs The Government of Andhra Pradesh