IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23528 of 2014 Between:
Manthena Saraswathi, W/o. Late Venkata Rayapa Raju, Aged 74 years, Occ: Housewife, R/o.E-63, Sainikpuri, Secunderabad, Hyderabad District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23528 of 2014 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.
2. This writ petition is filed seeking a Mandamus declaring impugned proceedings in RC No.469/2007, dated 23.12.2008, issued by the Revenue Divisional Officer, Nuzvid, Nuzvid Mandal, Krishna District (3rd respondent) directing the Sub-Registrar, Nuzvid, Nuzvid Mandal, Krishna District (4th respondent) not to effect/make any registered sale transactions in respect of land covered by R.S.No.373/2 of Madicharla Village, Bapulapadu Mandal, Krishna District, as illegal and arbitrary, and to set aside the same and to issue a consequential direction to the 4th respondent to register and release the documents that may be presented by the petitioner for registration in respect of her land in R.S.No.373/2 of Madicharla Village, Bapulapadu Mandal, Krishna District.
3. It is the case of the petitioner that she is the owner and possessor of agricultural dry land admeasuring Ac. 3.00 cents covered by R.S.No.373/2 of Madicharla Village, Bapulapadu Mandal, Krishna District, having purchased the same under a registered Sale Deed, dated 28.07.1990.
4. In this writ petition, it is the grievance of the petitioner that with an intention to sell her land, she approached the 4th respondent with a request to provide valuation details of her land, but the 4th respondent informed her that he cannot register the land in question as the 3rd respondent issued proceedings in RC No.469/2007, dated 23.12.2008, directing him not to register the lands covered by R.S.Nos.344 to 389 of Madicharla Village.
5. The petitioner averred that in the impugned proceedings, the 3rd respondent has admitted that the land in question is a patta land and the Government has not issued any notification prohibiting registration with regard to the land in question, as contemplated under Section 22-A of the Registration Act, 1908, as such, the respondents have no authority to insist on her for production of ‘No Objection Certificate’ with regard to registration of the land in question.
Further, it is the case of the petitioner that previously, several sale deeds were registered in respect of the lands in R.S.Nos.377 to 389 of Madicharla Village without insisting on production of ‘No Objection Certificate’.
6. It is no doubt true that where the lands do not fall under Clauses (a) to (e) of Sub-Section (1) of Section 22-A of the Registration Act as amended by A.P. Act 19 of 2007, the registering authority cannot insist on submission of ‘No Objection Certificate’. Such insistence would be reading much into Section 22-A of the Act and expanding the prohibition contained therein.
7. From a perusal of the impugned proceedings, it is evident that the lands covered by R.S.Nos.377 to 389 are carved out from R.S.No.1 and formed as patta lands. In view of the same, the respondents cannot insist on the petitioner for production of ‘No Objection Certificate’ with regard to registration of the land in question.
8. For the aforesaid reasons, I deem it appropriate to direct the 4th respondent to receive and process the documents that may be presented by the petitioner for registration in respect of land admeasuring Ac. 3.00 cents covered by R.S.No.373/2 of Madicharla Village, Bapulapadu Mandal, Krishna District, without insisting on her for production of ‘No Objection Certificate’ as indicated in the impugned proceedings. However, it is made clear that it is open to the registering authority to verify whether the documents presented by the petitioner are in accordance with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899.
9. Subject to the above directions, the Writ Petition is disposed of. 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: 14th August, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23528 of 2014 Date: 14th August, 2014 KL