HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14275 of 2014 DATE: 29.04.2014 Between:
K.Prakash Rao s/o.Ram Murthy, Aged 40 years, R/o. E.Marripalem Village, Aganampudi Post, Gajuwaka Mandalam, Visakhapatnam.
…. Petitioner And The Sub-Registrar, Lankelapalem, Gazuwaka Mandal, Visakhapatnam and another.
…. Respondents This Court made the following :
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14275 of 2014 ORDER :
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 receiving and registering the documents presented by him for registration in connection with immovable properties.
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 counsel, the writ petition is disposed of at the admission stage. Learned counsel for petitioner(s) 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, Lankelapalem, Gazuwaka Mandalam, Visakhapatnam (1st respondent) to receive and process the documents presented by the petitioner without insisting upon such NOC and in the event the documents presented fulfil the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the documents in accordance with the due procedure. However, if the 1st respondent is of the opinion that the documents 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 : 29.04.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.14275 of 2014 DATE: 29.04.2014 kkm