THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.36260, 36343, 36376 & 36402 of 2014 Dated : 28.11.2014 W.P.No.36260 of 2014 Between:
Munnagi Narayana Reddy S/o.Bhushi Reddy, Hindu, aged about 72 yrs, R/o.Tadikonda Village & Mandal, Guntur District .. Petitioner And The State of Andhra Pradesh, Rep., by its Commissioner Endowments (Revenue) Department, Goggulakunta, Hyderabad & 4 others .. Respondents W.P.No.36343 of 2014 Between:
Fakrun Bi D/o.Late Nabi Rasul, Aged about 38 yrs, R/o.D.No.17-6-51, Hasnabad, Hindupuram, Anantapuram District And The State of Andhra Pradesh, Rep., by its Principal Secretary, Stamps and Registration Department, Secretariat Buildings, Hyderabad & 4 others W.P.No.36376 of 2014 .. Petitioner .. Respondents Between:
Saina Kanaka Raju S/o.Satyanarayana, Aged 39 yrs, R/o.Pathuru, Kamavarapukota, W.G.District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary to Government, Revenue (Stamps & Registration) Department, Secretariat at Hyderabad & 4 others .. Respondents W.P.No.36402 of 2014 Between:
P. Gopala Krishna Reddy S/o.P.Venkata Reddy, Aged about 80 yrs, Occu : Cultivation, R/o.D.No.23-08-92/4, Royal Nagar, TUDA PLOTS, Tirupati, Chittoor District .. Petitioner And The State of Andhra Pradesh, Rep., by District Collector, Chittoor, Chittoor District. & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.36260, 36343, 36376 & 36402 of 2014 COMMON ORDER :
In these writ petitions, 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 documents presented by them for registration in connection with immovable properties.
2. When the matters are taken up for consideration, learned counsel for petitioners have submitted 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.
3. As held by the Division Bench of this Court in W.A.No.1653 of 2013, there is no such provision envisaged by the Registration Act, 1908, and, therefore, the registering authorities cannot insist for obtaining of No Objection Certificate from revenue authorities and filing of the same along with the request for information or for presentation of document. This is also made clear in Memo No.49938/Reg.I/A1/2012-4, dated 06.12.2012.
4. In spite of the orders of the Commissioner and the judgment of Division Bench of this Court, the writ petitions are instituted complaining that the registering authorities continue to insist for obtaining No Objection Certificate from the revenue authorities causing undue hardship and suffering to the petitioners. Having noticed the institution of several writ petitions, in W.P.No.31085 of 2014 the Commissioner and Inspector General of Registration and Stamps, State of Andhra Pradesh, was directed to present clear instructions or file counter affidavit in detail on the issue and on similar other issues which frequently come up before this Court in spite of several decisions rendered by the Court. So far, no such affidavit is filed before this Court. However, the Department and Commissionerate are not taking effective measures to sensitize the registering authorities and civilians are made to institute writ petitions. It appears that there is no register maintained for monitoring the requests of people on issues concerning registration of documents.
5. The writ petitions are filed claiming that the documents presented or information sought from the registering authorities are not adhered to only on the ground that the said request or the presentation of the documents is not supported by No Objection Certificate.
6. Having regard to the earlier orders of this Court and above Memo, these Writ Petitions are disposed of directing the concerned Sub- Registrars to furnish the information sought for by the petitioners and to receive Deeds of Conveyance as and when presented and at the stage of receiving of documents or any request for information, the Sub-Registrars shall verify the relevant documents and process the Deeds of Conveyance without insisting for No Objection Certificate from the revenue authorities, in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. It is made clear that this order is concerning submission of a No Objection Certificate from revenue authorities to be presented along with application eliciting information or presentation of documents for registration. If the registering authority is not agreeable to furnish information sought for or to register the documents presented, he shall assign due reasons and communicate the same to the parties without undue delay. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 28th November, 2014 Rds