IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH SATURDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36494 of 2014 Between:
Shaik Nabi, S/o. Siddasaheb, Aged about 54 years, R/o. House No.8-107-1, R.T.C. Colony, Kothpeta Village, Vetapalem Mandal, Prakasham District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36494 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 Deed of Conveyance presented by her for registration in connection with immovable property.
2. 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.
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 petition is filed claiming that the Deed of Conveyance 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 Deed of Conveyance is not supported by No Objection Certificate.
6. Having regard to the earlier orders of this Court and above Memo, the Writ Petition is disposed of directing the Sub-Registrar, Chirala Mandal, Chirala, Prakasham District (2nd respondent) to furnish the information sought for by the petitioner and to receive the Deed of Conveyance as and when presented and at the stage of receiving of the Deed of Conveyance or any request for information, the Sub-Registrar shall verify the relevant documents and process the Deed 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 Deed of Conveyance for registration. If the registering authority is not agreeable to furnish information sought for or to register the Deed of Conveyance 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: 6th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36494 of 2014 Date: 6th December, 2014 KL