IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36151 of 2014 Between:
Chakali Govindu, S/o. Pullanna, Aged about 35 years, Occ: Agriculturist, R/o. Pamulapadu Village & Mandal, Kurnool District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat Buildings, Hyderabad & another .. Respondents WRIT PETITION No.36152 of 2014 Between:
Smt. K. Hemavathi, W/o. K. Gurunatha Reddy, Aged about 27 years, Occ: House wife, R/o. Ambedkar Nagar, Piler, Piler Mandal, Chittoor District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 4 others .. Respondents WRIT PETITION No.36154 of 2014 Between:
M. Sidda Reddy, S/o. M. Timma Reddy, Hindu, Aged about 59 years, Occ: Agriculturist, R/o. Peddineni Kalva Village, RAyavaram (S.O), T. Sundupalli Mandal, Rayachotty Taluk, YSR Kadapa District-516 129.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Andhra Pradesh Secretariat, Secretariat Buildings, Hyderabad & 3 others .. Respondents WRIT PETITION No.36211 of 2014 Between:
P. Lakshmi Narasappa, S/o. Late P. Narasappa, Aged about 58 years, R/o. 2-37-B, Kodigena Halli Village, Parigi Mandal, Anantapur District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue and Registrations, Secretariat Buildings, Hyderabad & 2 others .. Respondents WRIT PETITION No.36240 of 2014 Between:
Chakali Govindu, S/o. Pullanna, Aged about 35 years, Occ: Agriculturist, R/o. Pamulapadu Village & Mandal, Kurnool District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents WRIT PETITION No.36251 of 2014 Between:
P. Manjunatha, S/o. P. Munnaiah, Age: 40 years, R/o. D.No.2/97, B.C. Colony, Upparapalli Village, Anantapur Rural Mandal, Anantapur District.
.. Petitioner AND The Government of A.P., Rep. by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad & 4 others .. Respondents WRIT PETITION No.36276 of 2014 Between:
Matham Chandra Mohan, S/o. M. Lakshmanna, Age: 35 years, R/o. D.No.4-35, B.C. Colony, Upparapalli Village, Anantapur Rural Mandal, Anantapur District & another .. Petitioners AND The Government of A.P., Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 4 others .. Respondents AND WRIT PETITION No.36311 of 2014 Between:
Peta Savitramma, W/o. Late P. Sriramulu, Aged about 49 years, R/o. H.No.4-149-32-11-59-36, Near Geeta Ice Factory, Sreeramnagar Dhone Town, Kurnool District.
.. Petitioner AND State of Andhra Pradesh, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad, Rep. by its Principal Secretary & another .. Respondents HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.36151, 36152, 36154, 36211, 36240, 36251, 36276 & 36311 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, all 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. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 27th November, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.36151, 36152, 36154, 36211, 36240, 36251, 36276 & 36311 of 2014 Date: 27th November, 2014 KL