THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.35914, 35961, 35973, 36016, 36089, 36119 & 36136 of 2014 Dated : 26.11.2014 W.P.No.35914 of 2014 Between:
C. Nagi Reddy S/o.Pedda Obanna, Hindu, aged 50 yrs, Occu : Cultivation, R/o.Reddipalli Village, B.K.Samudram Mandal, Anantapuram District And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & 3 others W.P.No.35961 of 2014 .. Petitioner .. Respondents Between:
P. Janardhan S/o.P.Akkulappa, Aged about 40 yrs, Occu : Business, R/o.Kambalapalli Village, H/o.Kogira, Roddam Mandal, Anantapuram District And The State of Andhra Pradesh, Rep., by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & 4 others W.P.No.35973 of 2014 Between:
Thupakula Naga Seshaiah S/o.Late Pullaiah, Hindu, aged 55 yrs, Occu : Cultivation, R/o.Bethamcherla Village & Mandal, Kurnool District .. Petitioner .. Respondents .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & 3 others .. Respondents W.P.No.36016 of 2014 Between:
B. Chinna Sesha Reddy S/o.Late Chinnappa Reddy, Age : 60 yrs, Occu : Agriculture, R/o.Pulapattur Village, Rajampeta Mandal, YSR Kadapa District .. Petitioner And The State of Andhra Pradesh, Rep., by the Principal Secretary, Department of Revenue and Registration, A.P.Secretariat, Hyderabad & 2 others W.P.No.36089 of 2014 .. Respondents Between:
K. Srinivasulu S/o.Late Venkataramana, Aged about 63 yrs, R/o.D.No.5/211, Darjipeta, Penukonda Town, Anantapuram District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Stamps & Registration Department, Secretariat Buildings, Hyderabad & 2 others W.P.No.36119 of 2014 .. Respondents Between:
Smt Gonuguntla Lakshmi Kumari, W/o.Late Venkataiah, aged 51 yrs, R/o.Kuchivaripalli Village & Post, Rajampet Mandal, Cuddapah District.
And The Government of Andhra Pradesh, Rep., by the Principal Secretary, Revenue Department, A.P. Secretariat, Hyderabad & 2 others W.P.No.36136 of 2014 .. Petitioner .. Respondents Between:
Balagonda Naganna S/o.Balagonda Bodappa, Aged about 65 yrs, Hindu, R/o.Ralla Anantapur, Jonnala Kothapalli Panchayat, Mudgugubba Taluk, Anantapur District .. Petitioner And The State of Andhra Pradesh, Rep., by the District Collector, Anantapur, Anantapur District & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.35914, 35961, 35973, 36016, 36089, 36119 & 36136 of 2014 COMMON ORDER :
In these writ petitions, the only grievance of the petitioners 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 documents presented by them for registration in connection with immovable properties.
2. When the matters are taken up for consideration, learned counsel for petitioners have submitted 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.
3. As held by the Division Bench of this Court in W.A.No.1653 of 2013, there is no such provision envisaged by the Registration Act, 1908, and, therefore, the registering authorities cannot insist for obtaining of No Objection Certificate from revenue authorities and filing of the same along with the request for information or for presentation of document. This is also made clear in Memo No.49938/Reg.I/A1/2012-4, dated 06.12.2012.
4. In spite of the orders of the Commissioner and the judgment of Division Bench of this Court, the writ petitions are instituted complaining that the registering authorities continue to insist for obtaining No Objection Certificate from the revenue authorities causing undue hardship and suffering to the petitioners. Having noticed the institution of several writ petitions, in W.P.No.31085 of 2014 the Commissioner and Inspector General of Registration and Stamps, State of Andhra Pradesh, was directed to present clear instructions or file counter affidavit in detail on the issue and on similar other issues which frequently come up before this Court in spite of several decisions rendered by the Court. So far, no such affidavit is filed before this Court. However, the Department and Commissionerate are not taking effective measures to sensitize the registering authorities and civilians are made to institute writ petitions. It appears that there is no register maintained for monitoring the requests of people on issues concerning registration of documents.
5. The writ petitions are filed claiming that the documents presented or information sought from the registering authorities are not adhered to only on the ground that the said request or the presentation of the documents is not supported by No Objection Certificate.
6. Having regard to the earlier orders of this Court and above Memo, these Writ Petitions are disposed of directing the concerned Sub- Registrars to furnish the information sought for by the petitioners and to receive Deeds of Conveyance as and when presented and at the stage of receiving of documents or any request for information, the Sub-Registrars shall verify the relevant documents and process the Deeds of Conveyance without insisting for No Objection Certificate from the revenue authorities, in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. It is made clear that this order is concerning submission of a No Objection Certificate from revenue authorities to be presented along with application eliciting information or presentation of documents for registration. If the registering authority is not agreeable to furnish information sought for or to register the documents presented, he shall assign due reasons and communicate the same to the parties without undue delay. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 26th November, 2014 Rds