Allowed

D.M.D. Isaaq Ali Khan, v. The Government of Andhra Pradesh

Telangana HC25 Sept 2014WP/29212/2014

Case brief

AI extract

What is this about?

The Single Judge directed the Sub-Registrar to process and register the petitioner's document without requiring a No Objection Certificate from Revenue Authorities, provided the document complies with the Registration Act and the Indian Stamp Act. If refusal is warranted, written reasons must be given under Section 71 of the Registration Act, 1908.

What did the court decide?

Directing the Sub-Registrar to receive, process, and register the document without insisting on a No Objection Certificate from Revenue Authorities.

D.M.D. Isaaq Ali Khan, Vs The Government of Andhra Pradesh — Land Acquisition | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.29212 of 2014

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Dated : 25.09.2014

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Between: D.M.D. Isaaq Ali Khan S/o.Khader Ali Khan, Aged about 36 yrs, R/o.D.No.10-13, Egavakurwanka, Konnetipalem, Madanapalli Rural, Chittoor District-517325 .. Petitioners And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & 6 others

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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.29212 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 submit that the land in issue is not assigned.

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3 . Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Madanapalle, Chittoor District (7^th respondent) to receive and process the document presented by the petitioner without insisting upon such NOC and in the event the document presented fulfil 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 7^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.

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4. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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P.NAVEEN RAO,J

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25^th September, 2014 Rds

D.M.D. Isaaq Ali Khan, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

D.M.D. Isaaq Ali Khan, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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