THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21959 of 2014 Dated : 04.08.2014 Between:
P.Surekha D/o P.C.Ramanaiah, 29 yrs., Occu : House wife, R/o. D.No.9/269, Guljarpeta, Anantapuram Town, Anantapuram District.
.. Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21959 of 2014 ORDER :
When the matter is taken up for hearing, learned counsel for the petitioner represented that the petitioner confined the relief to the extent of not insisting for production of NOC from the revenue authorities.
2. Learned counsel for the petitioner contends that there is no provision in the Registration Act, which would enable the registering authority in refusing to register the deed of conveyance on the ground that the deed of conveyance does not contain NOC from the revenue authorities. Learned counsel for the petitioner also contends that the petitioner approached the Sub-Registrar for the purpose of obtaining information regarding the stamp duty and registration charges, but the Sub-Registrar refused to furnish the same on the ground that the property cannot be alienated and the petitioner must obtain NOC certificate.
3. The Division Bench of this Court in Writ Appeal No.1653 of 2013 held that the insistence of NOC from the revenue authorities as a condition precedent to receive the deed of conveyance or to furnish the market value as illegal. Thus, the registering authority cannot insist for production of NOC as a condition precedent to furnish market value or to receive deed of conveyance and such action is illegal. Irrespective of the status of the land at the threshold, the registering authority cannot refuse to furnish the information or refuse to receive the deed of conveyance.
4. Considering the aforesaid submissions, this Writ Petition is disposed of directing the Sub-Registrar, Anantapuram Rural, Anantapuram District (5th respondent) to receive and process the documents presented by the petitioner without insisting upon NOC and in the event the documents presented fulfil the requirements of the Indian Registration Act, 1908 and the Indian Stamp Act, 1899, he shall register and release the documents in accordance with the due procedure. However, if the Sub-Registrar is of the opinion that the documents 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. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 04.08.2014
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