THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25109 of 2014 Dated : 28.08.2014 Between:
M. Suresh Kumar S/o. Ramakrishna, Aged about 34 yrs, Occu : Business, R/o.Mandavari Street, Dondapatri Village, Visakhapatnam Mandal & District.
.. Petitioner And The Commissioner, Revenue (Stamps and Registration), M.J. Market, Hyderabad and 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.25109 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 counsel, the writ petition is disposed of at the admission stage. Learned counsel for petitioner also submits that the land in issue is not assigned.
3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Gopalpatnam, Visakhapatnam District (3rd respondent) to receive and process the document presented by the petitioner without insisting upon such NOC and in the event the document presented fulfils 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 3rd 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.
4. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 28th August, 2014
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