Allowed

Bokam Venkata Ramana, v. The State of A.P.

Telangana HC8 Jul 2014WP/18865/2014

Case brief

AI extract

What is this about?

The court disposed of this writ petition directing the Sub-Registrar to register a Sale Agreement-cum-GP without insisting on a Revenue NOC, provided the document meets statutory requirements under the Registration and Stamp Acts. Any refusal must be written with reasons under Section 71.

What did the court decide?

Directing the Sub-Registrar to receive and process the Sale Agreement-cum-General Power of Attorney without insisting upon a NOC, provided statutory requirements are met.

Bokam Venkata Ramana, Vs The State of A.P. — 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.18865 of 2014

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Between:

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Bokam Venkata RAmana, S/o. Satyam, Aged 48 years, R/o. Gullepalli Village, Sabbavaram Mandal, Visakhapatnam District & another

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.. Petitioners

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AND

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The State of A.P., Rep. by its Principal Secretary to Government, Revenue Department, A.P. Secretariat, Hyderabad & 7 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.18865 of 2014

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ORDER:

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In this writ petition, the only grievance of the petitioners 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 Sale Agreement-cum-General Power of Attorney, dated 02.07.2014, presented by them for registration in connection with immovable property.

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2. When the matter is taken up for consideration, learned counsel for petitioners 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 petitioners 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, Kottavalasa, Kottavalasa Mandal, Vizianagaram District (5^th respondent) to receive and process the Sale Agreement-cum-

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General Power of Attorney presented by the petitioners without insisting upon such NOC and in the event the Sale Agreementcum-General Power of Attorney presented fulfils the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the Sale Agreement-cum-General Power of Attorney in accordance with the due procedure. However, if the 5^th respondent is of the opinion that the Sale Agreement-cum-General Power of Attorney 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

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RAO

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WRIT PETITION No.18865 of 2014

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Date: 8^th July, 2014

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Bokam Venkata Ramana, v. The State of A.P.

Case brief

What is this about?

What did the court decide?

Bokam Venkata Ramana, v. The State of A.P.

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

Coram

Case details

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