HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37798 of 2014 Dated : 09.12.2014 Between:
Smt Ediga Nagalakshmamma, W/o. late Venkatappa, Aged about 75 years, Occu: Housewife, r/o. Nadimpalli Village, Smandepalli Mandal, Anantapur district and others.
….Petitioners And The State of Andhra Pradesh, rep., by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & others ….Respondents This Court made the following :
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37798 of 2014 ORDER :
The petitioners claim to be the owners of land admeasuring Ac.4.18 cents in Survey No.296-3 of Chalivendula Village, Hindupur Mandal, Anatapur District; an extent of Ac.1.78 cents in Sy.No.199-1; an extent of Ac.4.15 cents in sy.No.195-3 and an extent of Ac.2.75 cents in sy.No.199-3 of Nadimpalli village, Somandepalli Mandal, Anantapur district. The petitioners intend to alienate the said properties and when approached the concerned Sub-Registrars, the Sub-Registrars insisted to obtain No Objection Certificates (NOCs) from the Revenue authorities as a condition precedent to receive and process the deeds of conveyance or to furnish any information.
2. With reference to the insistence of NOC from the Revenue authorities, as a condition precedent to receive the deed of conveyance, the Division Bench of this Court in W.A.No.1653 of 2013, passed a detailed order. Inspite of the detailed orders issued in the said judgment, complaining that the registering authorities are insisting for obtaining NOC, writ petitions are filed. Having regard to the flow of litigation on this issue, even though the issue is settled vide Judgment of the Division Bench of this Court, the Commissioner and Inspector General of Registration and Stamps, State of Andhra Pradesh is directed to state before this Court the reasons for such insistence.
3. The Commissioner and Inspector General of Registration and Stamps issued orders in Memo No.G1/19131/2005 dated 30.10.2014, directing all the registering authorities not to insist for NOC from the revenue authorities as a condition precedent for receiving and processing the deeds of conveyance and reiterating the earlier orders issued in the year 2012.
4. The Commissioner and Inspector General of Registration and Stamps also informed the registering authorities that if any such insistence is made, the same would be viewed seriously and appropriate disciplinary action would be taken.
5. Having regard to the orders issued by the Commissioner and Inspector General of Registration and Stamps in Memo No.G1/19131/2005, dated 30.10.2014, there is no need for any directions to be issued. If the petitioners have grievance with reference to such refusal, the petitioners have to specifically assert the person who is refusing, supported by material disclosing that the registering authority is insisting NOC. It is made clear that if any such insistence is made, inspite of the orders of the Division Bench of this Court and the orders of the Department, such action of the registering authorities would be viewed seriously.
6. With the above observations, the writ petition is dismissed. There shall be no order as to costs.
7. Miscellaneous Petitions pending, if any, shall stand dismissed.
JUSTICE P.NAVEEN RAO Date: 09.12.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37798 of 2014 Dated : 09.12.2014 kkm