Disposed

J.Shanker v. Government of A.P.

Telangana HC4 Mar 2014WP/6164/2014

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a writ petition directing the Joint Sub-Registrar to process and register the petitioner's immovable property document without insisting on a No Objection Certificate from the Revenue Authority, citing a prior Division Bench order.

What did the court decide?

Directed Joint Sub-Registrar to receive and register document without insisting on NOC; if refusal is needed, reasons must be given in writing.

J.Shanker Vs Government of A.P. — Writ and Judicial Review | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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TUESDAY, THE FOURTH DAY OF MARCH 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.6164 of 2014

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Between:

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J. Shanker, S/o. J. Narasimhulu, Aged about 44 years, R/o. Ismailkhanpet Village, Sangareddy Mandal, Medak District.

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.. Petitioner

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

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.. Respondents

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The Court made the following:

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.6164 of 2014

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ORDER :

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With the consent of the counsel for the petitioner and the learned Assistant Government Pleader, the writ petition is disposed of at the admission stage.

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2. 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 Certificates’ (NOCs) 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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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

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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 Certification from the Revenue Authorities before receiving the documents pertaining to immovable properties.

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6. Learned counsel for petitioner and learned Government Pleader 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 learned counsels, the Writ Petition is disposed of directing the Joint Sub-Registrar, Sangareddy, Medak 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 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. If, however 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

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Date: 4^th March, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.6164 of 2014

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Date: 4 th March, 2014

J.Shanker v. Government of A.P.

Case brief

What is this about?

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J.Shanker v. Government of A.P.

Case brief

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What did the court decide?

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