Allowed

Ambati Nirmala, v. The Government, Rep. by its Principal Secretary

Telangana HC2 Jul 2014WP/18126/2014

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the requirement of No Objection Certificates for registration. It directed the Sub-Registrar to process documents without insisting on NOCs if they meet statutory requirements, allowing written refusal with reasons otherwise.

What did the court decide?

Directed the Sub-Registrar to receive and process documents without insisting on NOCs if they meet statutory requirements; any refusal must be in writing with reasons under Section 71.

Ambati Nirmala, Vs The Government, Rep. by its… — Landlord and Tenant | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.18126 of 2014

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Dated : 02.07.2014

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Between:

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Ambati Nirmala, W/o Venugopal Rao, 42 yrs., R/o Sitayalanka, Ward No.1, Avanigadda Village, Avanigadda Mandal, Krishna 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 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.18126 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 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

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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 Sub-Registrar of Assurances, Avanigadda Mandal, Krishna 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 : 02.07.2014 ssp

Ambati Nirmala, v. The Government, Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Ambati Nirmala, v. The Government, Rep. by its Principal Secretary

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

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