HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.25435, 25436, 25437, 25547, 25565 and 24096 of 2014 Date: 02.09.2014 W.P.No.25435 of 2014 Between :
Ch.Lakshmi, w/o.Nageswara Rao, Aged 59 years, r/o. Plot No.68, Phase-I, Saket Colony, Kapra Municipality, Hyderabad and … Petitioner The State of Telangana, rep.by its District Collector, Ranga Reddy District and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.25435, 25436, 25437, 25547, 25565 & 24096 of 2014 COMMON ORDER:
In all these writ petitions, petitioners claim to have purchased the house plots of various extents in the layout, which is now called as ‘Sri Chakradharapuram Colony” in Sy.No.190/2 of Pedda Amberpet Kalan Village, Hayathnagar Mandal. Petitioners intend to dispose of the said plots and when approached the Sub-Registrar, Registration and Stamps Department, Pedda Amberpet (2nd respondent) for ascertaining market value and registration fee, the 2nd respondent refused to furnish the information as sought for and insisted for production of No Objection Certificates. Aggrieved thereby, these writ petitions are filed.
2. Learned counsel for the petitioners contends that at the threshold stage of receiving of documents or furnishing of information, the Sub- Registrar cannot insist for production of No Objection Certificates as there is no such provision made in the Registration Act, 1908 and registering authority has to act as per the provisions contained in Registration Act and, therefore, question of insisting No Objection Certificate as a condition precedent is illegal. Learned counsel further submits that in several decisions, this Court has held that no power is vested in registering authority to insist production of No Objection Certificate as a condition precedent to receive the documents for registration or to furnish the information as sought for.
3. Learned Assistant Government Pleader produced written instructions furnished to him by the Deputy Tahsildar, Hayathnagar, Ranga Reddy District. The stand of the revenue authorities as disclosed from the instructions furnished would show that the lands which petitioners claim are Laoni pattas granted to the individual mentioned therein including Mohd.Abdulla (Ac.4.38 guntas in Sy.No.190/2) and he, therefore, contends that the land claimed by the writ petitioners is Government assigned land and purchased by them by contravening the provisions contained in Andhra Pradesh Assigned Lands (POT) Act, 1977.
4. As seen from the above, the limited grievance of the writ petitioners is, registering authority cannot insist as a condition precedent for production of No Objection Certificate for furnishing information as sought for or receiving the deeds of conveyance as there is no such provision in the Registration Act. It is settled principle of law that registering authority has no power to insist No Objection Certificate as a condition precedent to exercise his powers under the Registration Act. Validity of a claim for registration of a deed of conveyance would arise after a document is presented for registration. At this stage the registering authority shall examine the validity of such claim as per provisions of Indian Registration Act, 1908 and Indian Stamp Act, 1899.
5. Therefore, these writ petitions are disposed of, directing the Sub- Registrar, Registration and Stamps Department, Pedda Amberpet, Ranga Reddy District (2nd respondent) to act on the request of petitioner regarding market value and registration charges payable and process the deeds of conveyance presented by the petitioners concerning their respective house plots in Sri Chakradharapuram Colony, in Sy.No.190/2 of Pedda Amberpet Kalan Village, Hayathnagar Mandal. However, while processing the deeds of conveyance, the registering authority is entitled to examine the validity of claim for registration of deed of conveyance vis-à-vis the assertion of the State that the land is assigned land and if the registering authority is not agreeing for registration of the document, he shall assign appropriate reasons and communicate the same to the parties under Section 71 of the Registration Act. If the documents are otherwise in order, he shall register and release the same to the parties. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in these writ petitions shall stand closed.
JUSTICE P.NAVEEN RAO Date: 02.09.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.25435, 25436, 25437, 25547, 25565 and 24096 of 2014 Date: 02-09-2014 kkm