IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36396 of 2014 Between:
P. Krishnamurthy, S/o. P. Aswarthappa, Age 33 years, Residing at D.No.19-638, Rani Nagar, Old Town, Anantapur Town, Anantapur District.
.. Petitioner AND The State of Andhra Pradesh, Rep. through its Principal Secretary, Department of Revenue, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36396 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 Sale Deed presented by him for registration in connection with immovable property.
2. Additional affidavit along with material papers filed along with Memo by the learned counsel for the petitioner are taken on record.
3. When the matter is taken up for consideration, learned counsel for petitioner has 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.
4. 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.
5. 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.
6. The writ petition is filed claiming that the Sale Deed presented or information sought from the registering authorities is not adhered to only on the ground that the said request or the presentation of the Sale Deed is not supported by No Objection Certificate.
7. Having regard to the earlier orders of this Court and above Memo, the Writ Petition is disposed of directing the Sub-Registrar, Anantapur, Anantapur District (4th respondent) to furnish the information sought for by the petitioner and to receive the Sale Deed as and when presented and at the stage of receiving of the Sale Deed or any request for information, the Sub-Registrar shall verify the relevant documents and process the Sale Deed 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 Sale Deed for registration. If the registering authority is not agreeable to furnish information sought for or to register the Sale Deed presented, he shall assign due reasons and communicate the same to the party without undue delay. 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: 4th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36396 of 2014 Date: 4th December, 2014 KL