Allowed

E.Venkatesh Goud v. The State of Andhra Pradesh

Telangana HC21 Jan 2016WP/1574/2016

Case brief

AI extract

What is this about?

The court held that the Sub-Registrar cannot demand a No Objection Certificate to register a sale deed for land not belonging to an ex-serviceman or political sufferer. The authority must process the document under the Registration and Stamp Acts, recording refusal reasons only if legal provisions are not met.

What did the court decide?

The petitioner was directed to have the sale deed received, processed, and registered without a No Objection Certificate, subject to compliance with the Registration Act and Indian Stamp Act.

E.Venkatesh Goud Vs The State of Andhra Pradesh — Specific Performance | Telangana HC (2016)

¶1

THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR

¶2

WRIT PETITION No.1574 OF 2016

¶3

ORDER:

¶4

Heard learned counsel for the petitioner and learned Government Pleader for Revenue.

¶5

The petitioner seeks to purchase a house site admeasuring 266 sq. yards in Plot No.6 in Survey No.382 of Kallur Village, Kurnool District, and traces his title through his vendor’s sale deed No.12058 of 2005. Alleging that the Sub-Registrar, Kallur Village, Kurnool District, the 2^nd respondent, is insisting on production of No Objection Certificate for receiving and processing the sale deed presented by the petitioner, the present Writ Petition is filed.

¶6

However, I do not see any reason why No Objection Certificate is sought for, as the subject land does not appear to be belonging to Ex-serviceman or political sufferer and the 2^nd respondent cannot refuse to receive and process the document presented by the petitioner for registration.

¶7

The issue raised in this Writ Petition is squarely covered by the judgment of this Court in W.P.No.17809 of 2015 and batch, dated 22.06.2015.

¶8

In view of the same, following the aforesaid judgment, this Writ Petition is also disposed of directing the registering authority concerned to receive and process the document presented by the petitioner without insisting on production of No Objection Certificate to be obtained by him. The registering authority concerned is further directed to receive and process the document in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899 and if the document is in conformity with the provisions, thereafter register and

¶9

release the same in accordance with the due procedure. It is also made clear that in the event of registering authority not being satisfied with the compliance under the Registration Act or the Indian Stamp Act, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioner in terms of Section 71 of the Registration Act. There shall be no order as to costs.

¶10

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

¶11

____________________________ VILAS V.AFZULPURKAR, J 21.01.2016 KH

E.Venkatesh Goud v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

E.Venkatesh Goud v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.Surya Prakash S/o v.VeeraiahSetty Vs The State of Telangana

D.Rama Mohana Reddy, Vs The State of Andhra Pradesh

Bhima Leela Krishna, Vs Union of India, rep. by its Principal Secretary to

Jhansi Anm College, Vs The State of Andhra Pradesh

Kantamreddy Venkata Laxmi, Vs The State of Andhra Pradesh

S. Mahaboob Basha, Vs State of Andhra Pradesh, Rep. by Principal Secretary