Allowed

M. Jayarama Naidu v. The District Collector

Telangana HC4 Jul 2014WP/18514/2014

Case brief

AI extract

What is this about?

In W.P. No.18514 of 2014, the Court disposed of the writ petition directing the Sub-District Register Office, Tirupati, to accept and process documents without insisting on No Objection Certificates. If the register offficer deems a refusal warranted based on the Registration and Stamp Acts, written reasons citing Section 71 of the Registration Act, 1908 are mandated.

What did the court decide?

Directed the 3rd respondent to receive and process documents without insisting on NOC; if denial is warranted, orders must be passed in writing with reasons under Section 71 of the Registration Act, 1

M. Jayarama Naidu Vs The District Collector — Telangana HC (2014) — LawSathi Research

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.18514 of 2014

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Dated : 04.07.2014

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Between:

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M.Jayarama Naidu, S/o late M.Subbarathnam Naidu, 71 yrs., Agriculture, R/o D.No.1/13, Pannagaddamma Village, Papanaidupeta post, Earpedu Mandal, Chittoor District.

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.. Petitioner

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And The District Collector, Chittor District 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.18514 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 him 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 the 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

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RAO

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Date : 04.07.2014 ssp

M. Jayarama Naidu v. The District Collector

Case brief

What is this about?

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M. Jayarama Naidu v. The District Collector

Case brief

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