HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1198 OF 2014 DATE: 14.11.2014 Between:
Smt. Gurrala Vanaja … Appellant And The Sub-Registrar, Siddipet, Medak District & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1198 of 2014 JUDGMENT: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal has been filed against the judgment and order of the learned Single Judge dated 20.06.2012 by which His Lordship refused to grant the prayer and dismissed the writ petition.
The appellant before us filed the writ petition for the following relief:
“… Hon’ble Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus to declare the impugned order passed by the 2nd respondent vide Memo Lr.No.D/1940/2010, dated 28.06.2010 rejecting the proposal for issue of No Objection Certificate in respect of petitioner’s land admeasuring Ac.16.16 guntas in Sy.No.308 situated at Duddeda Village, Kondapaka Mandal, Medak District, though the said land is my private patta land, as being illegal, arbitrary and unconstitutional and consequently set aside the same.”
The learned Single Judge has noted from the record that the subject land belongs to the Government, as it is classified as Government Poramboke land and held that refusal to issue No Objection Certificate is justified.
The issue raised in this matter is squarely covered by the judgment and order of this Court in a writ appeal being W.A.No.1653 of 2013 dated 01.10.2013, wherein it was observed as follows:
“In our considered view the learned Single Judge has taken a correct view that the department cannot insist on production of No Objection Certificate, as there is no provision of law. In addition thereto, His Lordship adds that the Government officials must act in accordance with the provision of law and not by any other self-styled imposition of norms. The rule of law is the basic structure of our Constitution and so also part and parcel of running of the Government. It is settled position of law that any individual person can act in any manner unless prohibited by law, whereas the artificial person cannot act unless provided by law and here there is no such provision of law calling for production of No Objection Certificate. The demand for production of No Objection Certificate is nothing but an arbitrary action and this sort of action should be dealt with firm hand.”
Thereafter, it was held as follows:
“Accordingly, the No Objection Certificate which has hitherto been asked for registration of the document shall not be demanded any more unless it is authorized by an appropriate enactment with prospective effect and not retrospective effect.”
In view of the aforesaid observation, we clarify the issue in the manner as follows.
If the subject land is a Government land and if the appropriate legislation bars registration of the document, obviously, the question of issuing “No Objection Certificate” will not arise, and when the registration is barred the registering authority automatically will not entertain any document. The judgment and order of the learned Single Judge is accordingly set aside.
The writ appeal is accordingly allowed.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J
Date: 14.11.2014 ES