Allowed

Rudrappa Gari Rudrappa, v. The Govt. of A.P. Rep. by its Prl. Secretary

Telangana HC16 Jul 2014WP/19884/2014

Case brief

AI extract

What is this about?

This single-judge Writ Petition challenged the insistence of registering authorities on producing a No Objection Certificate from Revenue Authorities for registering immovable property documents. The petitioner sought exemption from this requirement.

What did the court decide?

Directed the Sub-Registrar, Penukonda to receive, process, and register the documents presented by petitioners without insisting upon a No Objection Certificate (NOC) from Revenue Authorities, provide

Rudrappa Gari Rudrappa, Vs The Govt. of A.P. Rep. by… — Landlord and Tenant | Telangana HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

¶2

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

¶3

WEDNESDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND FOURTEEN

¶4

Present

¶5

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶6

WRIT PETITION No.19884 of 2014

¶7

Between:

¶8

Rudrappa Gari Rudrappa, S/o. Late Sivappa, Age: 44 years, Occ: Cultivation, R/o. Gobbaram Palli Village, Roddam Mandal, Anantapur District & 2 others

¶9

.. Petitioners

¶10

AND

¶11

The Government of A.P., Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 others

¶12

.. Respondents

¶13

The Court made the following:

¶14

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶15

WRIT PETITION No.19884 of 2014

¶16

ORDER:

¶17

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 documents presented by them for registration in connection with immovable properties.

¶18

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.

¶19

3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Penukonda, Anantapur District (4^th respondent) to receive and process the documents presented by the petitioners without insisting upon such NOC and in the event the documents

¶20

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 4^th respondent is of the opinion that the documents presented for registration warrant 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.

¶21

_________________ P.NAVEEN RAO, J Date: 16^th July, 2014 KL

¶22

HON’BLE SRI JUSTICE P.NAVEEN RAO

¶23

WRIT PETITION No.19884 of 2014

¶24

Date: 16^th July, 2014

¶25

Rudrappa Gari Rudrappa, v. The Govt. of A.P. Rep. by its Prl. Secretary

Case brief

What is this about?

What did the court decide?

Rudrappa Gari Rudrappa, v. The Govt. of A.P. Rep. by its Prl. Secretary

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

Similar cases

Chintala Suresh Kumar, S/o.Sri C.Subbanna, Vs The Indian Oil Corporation Limited

Mallu Padmalatha Vs The Government of Andhra Pradesh, Rep. by the Principal

Sri Pendurthi Rangarao Vs The Tobacco Board Rep. by its Chairman Guntur

P. Raja Kiranmayee, Vs The State of Andhra Pradesh

Gunda Vijaya Kumar Reddy, Vs State of Andhra Pradesh

Sudhakara Reddy Vs Government of Andhra Pradesh