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B. Venkatalakshmamma, v. The Government of Andhra Pradesh

Telangana HC29 Apr 2014WP/14206/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the demand for a 'No Objection Certificate' from Revenue Authorities for registering documents relating to immovable property. The Court directed the Sub-Registrar to register compliant documents without such NOC but allowed refusal with written reasons under Section 71.

What did the court decide?

Directed the Sub-Registrar to receive and process documents without insisting on an NOC; if refusal, reasons must be given in writing under Section 71 of the Registration Act, 1908.

B. Venkatalakshmamma, Vs The Government of Andhra Pradesh — Land Acquisition | Telangana HC (2014)

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.14206 of 2014

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DATE: 29.04.2014

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Between:

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B.Venkatalakshmamma w/o. E. Adeppa, Aged about 64 years, r/o. M.Berepalli Village, Hindupur Mandal, Anantapuram District.

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…. Petitioner

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And The Government of Andhra Pradesh, rep.by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad and others.

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…. Respondents

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This Court made the following :

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.14206 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 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(s) 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, Anantapuram District (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 Date : 29.04.2014 kkm

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.14206 of 2014

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DATE: 29.04.2014

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kkm

B. Venkatalakshmamma, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B. Venkatalakshmamma, 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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