THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39551 of 2014 Dated : 24.12.2014 Between:
S. Raghavendra Rao S/o.Late Gundu Rao, Aged about 75 yrs, R/o.Vagarur, Thimmapuram Village, Mantralayam Mandal, Kurnool District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Registration & Stamps) Dept. Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39551 of 2014 ORDER :
The petitioner claims to be the owner of land to an extent of Ac.6.14 cents, and Ac.5.10 cents in Survey No.12/1B and 12/B respectively, of Vagarur Thimmapuram Village, Mantralayam Mandal, Kurnool District. The petitioner intend to alienate the said property and when approached the Sub-Registrar of Assurances, Yemmiganuru, Kurnool District (4th respondent), the Sub- Registrar insisted to obtain No Objection Certificate (NOC) from the Revenue authorities as a condition precedent to receive and process the deed of conveyance or to furnish any information.
2. Having regard to the flow of litigation on this issue, even though the issue is settled vide Judgment of the Division Bench of this Court and earlier orders of the Department, in W.P.No.38344 of 2014, this Court directed the Commissioner and Inspector General of Registration and Stamps, State of Andhra Pradesh to state before this Court the reasons for such insistence and steps taken by the Department in this regard.
3. The Commissioner and Inspector General of Registration and Stamps issued orders in memo No.G1/19131/2005 dated 30.10.2014, directing all the registering authorities not to insist for NOC from the revenue authorities as a condition precedent for receiving and processing the deeds of conveyance and reiterating the earlier orders issued in the year 2012.
4. The Commissioner and Inspector General of Registration and Stamps also informed the registering authorities that if any such insistence is made, the same would be viewed seriously and appropriate disciplinary action would be taken.
5. No material is placed on record to show that a request was made or document was presented and when a request was made or document was presented the registering authorities refused to furnish information or to receive the document insisting for production of No Objection Certificate. In view of the orders of the Commissioner and Inspector General of Registration and Stamps in Memo No.G1/19131/2005 dated 30.10.2014, the claim of the petitioner is not valid. If the petitioner has grievance with reference to such refusal, the petitioner has to specifically assert the person who is refusing, supported by material disclosing that the registering authority is insisting NOC. It is made clear that if any such insistence is made, inspite of the orders of the Division Bench of this Court and the orders of the Department, such action of the registering authorities would be viewed seriously.
6. The writ petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions pending, if any, shall stand dismissed.
P.NAVEEN RAO,J 24th December, 2014
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