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Nalam Singaraiah vs The Government Of Andhra Pradesh And Others

High Court Of Telangana|12 June, 2014
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JUDGMENT / ORDER

WRIT PETITION No.16065 OF 2014 DATE: 12-06-2014 Between:-
Nalam Singaraiah S/o.Bixapathi, aged about 75 years, r/o.Narayanapuram Village, H/o.Nadikudi, Dachepalli Mandal, Guntur District and another.
--PETITIONER AND The Government of Andhra Pradesh, Rep.by its Principal Secretary, Department of Revenue, Secretariat, Hyderabad and others.
--RESPONDENTS The Court made the following:
O R D E R :
WRIT PETITION No. 16065 OF 2014 In this writ petition, 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 document presented by them for registration in connection with immovable property.
2. When the matter is taken up for consideration, learned counsel for petitioners 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 petitioners 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, Gurajala, Guntur District (respondent No.4) to receive and process the document presented by the petitioners 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 respondent No.4 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.
P.NAVEEN RAO,J Date: 12-06-2014 nvl THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16065 OF 2014 DATE: 12-06-2014 nvl HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15737 of 2014 ORDER:
Date: 10th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15737 of 2014 Date: 10th June, 2014 KL
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Title

Nalam Singaraiah vs The Government Of Andhra Pradesh And Others

Court

High Court Of Telangana

JudgmentDate
12 June, 2014
Judges
  • P Naveen Rao