Allowed

M. Nilavathamma v. The District Collector, Chittoor District.

Telangana HC4 Jul 2014WP/18480/2014

Case brief

AI extract

What is this about?

The petitioner challenged the insistence on Revenue Authority No Objection Certificates for registering immovable property documents. The court disposed of the petition directing the Register Office to process documents without NOC if they met statutory requirements under the Registration Act, 1908, allowing written refusal only with reasons.

What did the court decide?

Directed the 3rd respondent to receive and process petitioner's documents without insisting on NOC if they meet statutory requirements; written refusal with reasons allowed under Section 71.

M. Nilavathamma Vs The District Collector, Chittoor… — 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.18480 of 2014

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Dated : 04.07.2014

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Between: M.Nilavathamma, W/o M.Jayarama Naidu, 62 yrs., Agriculture, R/o D.No.1/13, Pannagaddamma Village, Papanaidupeta post, Earpedu Mandal, Chittoor District. And The District Collector, Chittoor District and others

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.. Petitioner

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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.18480 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 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. 3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing Sri Balaji Sub-District Register Office, Tirupati (Rural), Chittoor District (3^rd 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 3^rd 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

M. Nilavathamma v. The District Collector, Chittoor District.

Case brief

What is this about?

What did the court decide?

M. Nilavathamma v. The District Collector, Chittoor District.

Case brief

What is this about?

What did the court decide?

What the court decided

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