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Government of Andhra Pradesh, v. Government of Andhra Pradesh

Telangana HC14 Jul 2014WP/19445/2014

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the insistence by registering authorities on producing a No Objection Certificate from Revenue Authorities for immovable property documents. The petition was disposed of by directing the Sub-Registrar to process the document if it meets statutory requirements.

What did the court decide?

Directed the Sub-Registrar to receive and process the document without insisting on a No Objection Certificate if it fulfils statutory requirements under the Registration Act, 1908 and the Indian Stam

Government of Andhra Pradesh, Vs Government of… — Writ and Judicial Review | 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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MONDAY, THE FOURTEENTH 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.19445 of 2014

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Between:

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Gampa Venkateshu, S/o. Gnanaiah, Aged about 46 years, R/o. Srirangarajupuram Village, Rajampet Mandal, Kadapa District.

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.. Petitioner

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AND

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Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration and Stamps), Secretariat, Hyderabad & another

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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.19445 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, Rajampet, Kadapa District (2^nd 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 2^nd 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: 14^th July, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.19445 of 2014

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Date: 14^th July, 2014

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Government of Andhra Pradesh, v. Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Government of Andhra Pradesh, v. Government of Andhra Pradesh

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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