Allowed

Naga Raju, v. The Government of Andhra Pradesh, Rep. by its Principal

Telangana HC8 Jul 2014WP/18845/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the requirement of a No Objection Certificate for registering immovable property documents. The court directed the Sub-Registrar to process the document if it complies with the Registration Act and Stamp Act, refusing to give reasons only in writing as a necessary step.

What did the court decide?

Directing the Sub-Registrar, Dhone Mandal, to receive and process the document without insisting on NOC, subject to statutory requirements and written reasons for refusal if warranted.

Naga Raju, Vs The Government of Andhra Pradesh, Rep. by… — Property and Title | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

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FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND FOURTEEN

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Present

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.18845 of 2014

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Between:

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Naga RAju, S/o. Kesanna, Aged about 42 years, R/o. Kondapeta, Dhone Town & Mandal, Kurnool District.

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.. Petitioner

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AND

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The Government of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & 4 others

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.. Respondents

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The Court made the following:

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.18845 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 Certificate’ (NOC) from the Revenue Authorities as a condition precedent for receiving and registering the document presented by him for registration in connection with immovable property.

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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 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.

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3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Dhone Mandal, Kurnool District (5^th respondent) to receive and process the document presented by the petitioner without insisting upon such NOC and in the event the document

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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 5^th 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.

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_________________ P.NAVEEN RAO, J Date: 8^th July, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.18845 of 2014

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Date: 8^th July, 2014

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Naga Raju, v. The Government of Andhra Pradesh, Rep. by its Principal

Case brief

What is this about?

What did the court decide?

Naga Raju, v. The Government of Andhra Pradesh, Rep. by its Principal

Case brief

What is this about?

What did the court decide?

What the court decided

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