HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31720 of 2014 Date: 27.10.2014 Between:
M.D.Asif, S/o. M.D.Yousaf, Aged 34 years, Tea Stall, Railway Station Road, Gouribidanur, Karnataka State … Petitioner AND The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31720 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 document presented by him for registration in connection with immovable property.
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 the learned counsels, the writ petition is disposed of at the admission stage. Learned counsel for petitioner also submits that the land in issue is not assigned to Ex-Servicemen.
3. Considering the submissions of both the learned counsels, the Writ Petition is disposed of directing the Sub-Registrar, Hindupur, Anantapur District (4th respondent) to receive and process the document presented by the petitioner without insisting upon such NOC and in the event the document presented fulfills the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, he shall register and release the document in accordance with the due procedure. However, if the 4th respondent is of the opinion that the document 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: 27.10.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31720 of 2014 Date: 27.10.2014 kkm