IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17708 of 2014 Between:
J. Sivamma, W/o. Late J. Eranna, Hindu, Aged about 45 years, R/o. Dodagatta Village, Kalyandurg Mandal, Anantapur District & 2 others .. Petitioners AND Government of Andhra Pradesh, Rep. by its Principal Secretary, Registration and Stamps Department, Secretariat Buildings, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17708 of 2014 ORDER:
In this writ petition, the only grievance of the petitioners 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 receiving and registering the Partition Deed presented by them for registration in connection with immovable property.
2. When the matter is taken up for consideration, learned counsel for petitioners 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 petitioners 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 Sub-Registrar, Kalyandurg, Anantapur District (5th respondent) to receive and process the Partition Deed presented by the petitioners without insisting upon such NOC and in the event the Partition Deed presented fulfils the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the Partition Deed in accordance with the due procedure. However, if the 5th respondent is of the opinion that the Partition Deed 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.
P.NAVEEN RAO, J Date: 30th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.17708 of 2014 Date: 30th June, 2014 KL