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Thota Punitha, D/o. Kondeti Pandu Ranga Rao, v. The Government of Andhra Pradesh

Telangana HC4 Jul 2014WP/18468/2014

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the requirement of No Objection Certificates from revenue authorities for property registration. The court directed the Sub-Registrar to register documents fulfilling statutory requirements without the NOC, allowing written reasons for refusal.

What did the court decide?

Directed the Sub-Registrar, Eluru to receive and process documents without insisting on NOC if they meet Registration Act and Stamp Act requirements.

Thota Punitha, D/o. Kondeti Pandu Ranga Rao, Vs The… — Property and Title | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.18468 of 2014

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Dated : 04.07.2014

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Between:

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Thota Punitha, D/o Kondeti Pandu Ranga Rao, 41 yrs., House-wife, R/o 25/2/2-36, Ameenapet, Opp : Hanuman Temple, Eluru-2, West Godavari Dt.,

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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.18468 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, Eluru, West Godavari 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

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Date : 04.07.2014 ssp

Thota Punitha, D/o. Kondeti Pandu Ranga Rao, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Thota Punitha, D/o. Kondeti Pandu Ranga Rao, 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

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