IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE EIGHT DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37768 of 2014 Between:
Elgati Somaiah, S/o. Chandraiah, Aged 53 years, Occ: Agriculture, R/o. Letanguda, Rebbana Mandal, Adilabad District.
.. Petitioner AND The State of Telangana, Rep. by its Principal Secretary, (Revenue Department), Secretariat, Hyderabad & another ..
Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37768 of 2014 ORDER:
The petitioner claims that he is the owner of land to an extent of Ac. 5.00 guntas in Survey No.353/10, situated at Rebbana Village and Mandal, Adilabad District. The petitioner intends to alienate the said property and when approached the Sub-Registrar, Mancherial Mandal, Adilabad District (2nd respondent), the Sub-Registrar insisted to obtain No Objection Certificate (for short, ‘NOC’) from the Revenue authorities as a condition precedent to receive and process the Deed 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. In spite 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 petitioner has grievance with reference to such refusal, the petitioner has 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 in spite 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 disposed of. 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: 8th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37768 of 2014 Date: 8th December, 2014 KL