Allowed

Smt.Vinukonda Vijayalaksluni v. The Govt. of Telangana

Telangana HC30 Jun 2014WP/17755/2014

Case brief

AI extract

What is this about?

The High Court of Judicature at Hyderabad disposed of a writ petition filed by a housewife challenging the insistence on a No Objection Certificate (NOC) from Revenue Authorities for registering an immovable property document. The Court directed the Sub-Registrar to process the document sans NOC, subject to compliance with the Registration and Stamp Acts, with an option to deny registration only i

What did the court decide?

Directed the Sub-Registrar of Sattupalli Mandal, Khammam District to receive and process the document without insisting on an NOC, provided it fulfills statutory requirements.

Smt.Vinukonda Vijayalaksluni Vs The Govt. of… — Writ and Judicial Review | Telangana HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

¶2

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

¶3

MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND FOURTEEN

¶4

Present

¶5

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶6

WRIT PETITION No.17755 of 2014

¶7

Between:

¶8

Smt. Vinukonda Vijayalakshmi, W/o. Srinivasa Rao, Hindu, Aged about 36 years, Occ: House Wife, R/o. D.No.109, Road No.2, Rajiv Colony, Hamlet of Siddaram Village, Sattupalli Mandal, Khammam District.

¶9

.. Petitioner

¶10

AND

¶11

The Government of Telangana, Rep. by its Principal Secretary, (Revenue), Secretariat, Hyderabad & 4 others

¶12

.. Respondents

¶13

The Court made the following:

¶14

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶15

WRIT PETITION No.17755 of 2014

¶16

ORDER:

¶17

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 document presented by her for registration in connection with immovable property. 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.

¶18

3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Sattupalli Mandal, Khammam District (3^rd respondent) to receive and process the document presented by the petitioner

¶19

without insisting upon such NOC and in the event the document 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 3^rd 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.

¶20

_________________ P.NAVEEN RAO, J Date: 30^th June, 2014 KL

¶21

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶22

WRIT PETITION No.17755 of 2014

¶23

Date: 30^th June, 2014

¶24

Smt.Vinukonda Vijayalaksluni v. The Govt. of Telangana

Case brief

What is this about?

What did the court decide?

Smt.Vinukonda Vijayalaksluni v. The Govt. of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt M.Jameela Begum Vs State of Andhra Pradesh

G. Vijayakumari, Vs The Government of Andhra Pradesh

Tadi Ramulamma, Vs The Sub Registrar

Chinna Kadirappa, Vs The State of Andhra Pradesh

The Gram Panchayat Vs The Govt. of Andhra Pradesh

M/s Midwest Caterers Private Limited, Vs Union of India represented by the General Manager