HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22696 of 2014 DATE: 08.08.2014 Between:
Dasari Jayaprada w/o. Davidu, Aged 65 years, Occu:Housewife, r/o. Namburu Village, Pedakakani Mandal, Guntur District.
AND .. Petitioner The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, (Registration and Stamps), Secretariat Buildings, Hyderabad and others .. Respondents The Court made the following:
ORDER:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22696 of 2014 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 Certificate’ (NOC) from the Revenue Authorities as a condition precedent for providing registration particulars i.e., stamp duty for the land in Sy.No.299/5B of Namburu Village, Pedakakani Mandal, Guntur District.
2. When the matter is taken up for consideration, learned counsel for petitioner and learned Government Pleader for Revenue submit 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. With the consent of both the learned counsel, the writ petition is disposed of at the admission stage. Learned counsel for petitioner also submits that the land in issue is not assigned to Ex-Servicemen.
3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Joint Sub-Registrar, Pedakakani, Guntur District (2nd respondent) to furnish registration particulars in respect of the property in Sy.No.299/5B of Namburu Village, Pedakakani Mandal, Guntur District, without insisting for production of No Objection Certificate from revenue authorities as a condition precedent and if there is no other impediment. Further, if petitioner presents deed of conveyance, the 2nd respondent shall receive and process the same without insisting No Objection Certificate from revenue authorities in accordance with the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899 and if the document is otherwise in order, he shall register and release the document in accordance with the due procedure. However, if the 2nd respondent is of the opinion that the document 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: 08.08.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22696 of 2014 Date: 08.08.2014 kkm