THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21485 of 2014 Dated : 31.07.2014 Between:
Chirlamcherla Venkata Ramana, S/o late China Venkata Subbaiah, 52 yrs., Cultivation, R/o H.No.7/99, Gandhi Bazar, Markapur, Prakasam District.
.. Petitioner And Sub-Registrar, Markapur, Prakasam District and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21485 of 2014 ORDER :
In this writ petition the only grievance of the petitioner is with regard to the insistence by the registering authorities on production of ‘No Objection Certificates’ (NOCs) from the Revenue Authorities as a condition precedent for providing valuation of property and receiving and registering the documents presented by him in connection with immovable properties.
2. It is contended that at the stage of furnishing market value, the registering authority cannot insist for production of No Objection Certificate from the Revenue Authorities. No such power emanates from the provisions of the Indian Registration Act, 1908 and, therefore, such insistence by the registering authority is ex facie without power or jurisdiction. Learned counsel relied on the decision of Division Bench of this Court in W.A.No.1653 of 2013.
3. In W.A.No.1653 of 2013, the Division Bench of this Court held that there is no provision in the Registration Act to insist for production of No Objection Certificate as a condition precedent for processing of deed of conveyance. The ascertainment of valuation of the property is necessary for determination of appropriate stamp duty and registration fee at the time of presentation of deed of conveyance. Thus, at the initial stage, the registering authority cannot refuse to furnish market value. However, the registering authority can refuse to furnish market value only if notification or decision emanates from the provisions of Section 22-A of the Registration Act, 1908. In the instant case, it is specific assertion of the petitioner that there is no prohibition under Section 22-A of the Registration Act on the property owned by the petitioner nor the land is assigned to the petitioner.
4. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Markapur, Prakasam District (1st respondent) to consider the request of the petitioner to furnish details of valuation of property in issue and receive and process the documents as and when presented by the petitioner without insisting upon such NOC and in the event the documents presented fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the documents in accordance with the due procedure. However, if the 1st respondent is of the opinion that the documents presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1908. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 31.07.2014 ssp