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V.Venu Gopal, S/o Pedda Thimmappa v. The Government of Andhra Pradesh

Telangana HC3 Mar 2014WP/5818/2014

Case brief

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What is this about?

The High Court disposed of a writ petition grievance regarding the insistence by registering authorities on Revenue NOCs for immovable property registration. The Court directed the Sub-Registrar to process and register documents fulfilling statutory requirements without such NOCs and to issue written reasons for any refusal under Section 71.

What did the court decide?

Directed the Sub-Registrar, Dharmavaram to receive, process, and register documents without insisting on NOCs and to pass written orders with reasons for any refusal under Section 71 of the Registrati

V.Venu Gopal, S/o Pedda Thimmappa Vs The Government of… — Landlord and Tenant | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.5818 of 2014

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Dated : 06.06.2014

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Between:

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V.Venu Gopal, S/o Pedda Thimmappa and another

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.. Petitioners

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And The Government of Andhra Pradesh, Rep. by its Principal Secretary and three 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.5818 of 2014

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ORDER :

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With the consent of learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue, the writ petition is disposed of at the admission stage. 2. 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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3. This Court has time and again held that there is no legal sanction for the action of the Registration Authorities in insisting upon such certification from the Revenue Authorities before entertaining documents for registration. Further, the Government of Andhra Pradesh issued Memo No.49938/Regn.I/A1/2012-4, dated 06.12.2012, requesting the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, to instruct all the Registering Officers in the State not to ask for NOCs from the Revenue Authorities before registration and not to act on any such NOCs.

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4. On similar issue, batch of writ petitions were disposed of by this Court by an order, dated 28.06.2013. Aggrieved by the order in W.P.No.12376 of 2013, dated 24.04.2013, the District Collector, Chittoor District, filed Writ Appeal No.1653 of 2013. The Division Bench of this Court affirmed the decision of the learned Single Judge. The Division Bench issued the following directions:

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“Accordingly, we affirm the judgment and order of the learned Single Judge. We direct henceforth that no Government official shall act or take action in any manner unless that official concerned is authorized by law. Accordingly, the No Objection Certificate which has hitherto been asked for registration of the document shall not be demanded any more unless it is authorized by an appropriate enactment with prospective effect and not retrospective effect.

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We feel that this judgment has got tremendous public importance. Therefore, a copy of this judgment shall be circulated to all the District Registrars, who in turn, shall issue instructions to their officers concerned under his control.”

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5. It is unfortunate that the Registering Authorities continue to insist upon No Objection Certificates from the Revenue Authorities before receiving the documents pertaining to immovable properties.

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6. Learned counsel for petitioners and learned Government Pleader for Revenue submit that the subject matter to the extent of No Objection Certificate is covered by the decision of Division Bench in W.A.No.1653 of 2013.

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7. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Dharmavaram, 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 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. If, however the

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

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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

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Date : 03.03.2014 ssp

V.Venu Gopal, S/o Pedda Thimmappa v. The Government of Andhra Pradesh

Case brief

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V.Venu Gopal, S/o Pedda Thimmappa v. The Government of Andhra Pradesh

Case brief

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What did the court decide?

What the court decided

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