Disposed

Yalamarti Venkatagiri, v. The Sub Registrar

Telangana HC11 Jul 2014WP/19349/2014

Case brief

AI extract

What is this about?

The court disposed of a writ petition challenging the requirement of No Objection Certificates for property registration. The petitioner is directed to be processed without such certificates unless a written refusal specifying reasons under Section 71 of the Registration Act, 1908 is communicated.

What did the court decide?

Petitioner directed to receive and process documents without NOC; if refusal, reason must be communicated in writing per Section 71 of Registration Act, 1908.

Yalamarti Venkatagiri, Vs The Sub Registrar — 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.19349 of 2014

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Dated : 11.07.2014

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Between: Yalamarti Venkatagiri, S/o Lakshmikantham, Hindu, 64 yrs., R/o Padamushidiwada, Parawada Mandal, Visakhapatnam Mandal and others .. Petitioners And The Sub-Registrar, Lankelapalem, Parawada Mandal, Visakhapatnam District and another

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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.19349 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 Certificates’ (NOCs) from the Revenue Authorities as a condition precedent for receiving and registering the documents presented by them for registration in connection with immovable properties.

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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 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. 3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Lankelapalem, Parawada Mandal, Visakhapatnam District

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(1^st 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 1^st 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 Date : 11.07.2014 ssp

Yalamarti Venkatagiri, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

Yalamarti Venkatagiri, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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