Tippabattina Brahmmaiah v. Smt. Praveena Devi
Case brief
What is this about?
The Court examined a contempt petition alleging violation of a writ order requiring registration of deeds. It held the respondent did not commit contempt as the refusal relied on D.K. land classification. The case was closed with notice to the petitioner for other remedies.
What did the court decide?
Contempt case closed. Petitioner free to approach other forums.
What the court decided
HON’BLE SRI JUSTICE P.NAVEEN RAO
CONTEMPT CASE No.142 of 2015
ORDER:
The W.P.No.13554 of 2014 was filed on the alleged ground that the respondent registering authority was insisting for production of No Objection Certificate to receive and process Deeds of Conveyance for registration. The writ petition was disposed of by order, dated 28.04.2014, directing the Sub-Registrar, Santhanuthalapadu Mandal, Prakasam District, to receive and process the documents presented by the petitioners without insisting for production of No Objection Certificate. It was also further directed that if the Sub-Registrar had any objection on the registration of the documents, he shall assign reasons and pass orders under Section 71 of the Registration Act, 1908.
Counter affidavit filed by sole respondent-Sub Registrar stating that without insisting for No Objection Certificate, the documents were received and processed by the Joint Sub-Registrar and after scrutiny of the documents presented, by his endorsement, dated 30.07.2014, he refused to register the documents informing the petitioners that the property on which the Deeds of Conveyance are presented is classified as D.K land and, therefore, no Deeds of Conveyance can be registered.
In view of the above it cannot be said that the respondent has violated the orders of this Court and committed contempt of Court. Accordingly, the contempt case is closed. However, if the petitioner is aggrieved by proceedings dated 30.7.2014, it is open to the petitioner workout his remedies as available under law. No costs.
_______________ P.NAVEEN RAO,J
Issues for consideration
2 issues framed by the court
Whether the respondent Sub Registrar has violated the court order and committed contempt.
Whether the matters remaining in the court of the learned Single Judge can be admitted to be Arially drawn out of the matter.
Parties & counsel
- petitioner
Petitioner
- respondent
Sub Registrar
Coram
P.NAVEEN RAO
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · August
- Registered
- Case no.
- CC/142/2015
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