IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25894 of 2014 Between:
Sri MA Qadeer, S/o. MA Fafoor, Aged 43 years, Occ: Business, R/o.H.No.204, 2nd Royal Tower, Prakash Nagar, Kurnool, Kurnool District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Secretary, Stamp and Registration Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25894 of 2014 ORDER:
The case of the petitioner is that the Joint Sub-Registrar-I, RO(OB), Kurnool (5th respondent) is refusing to register the Mortgage Release Deed and regular Sale Deed in respect of residential Plot bearing Nos.2 and 14, admeasuring to a total extent of 2308.5 square feet in Survey No.233/3A of Mamidalpadu Revenue Village, Stantonpuram Gram Panchayath, Kurnool Mandal and District. The petitioner avers that in the year 2011, he obtained a loan from private finance and at that time, as per the directions of the 5th respondent, the petitioner obtained No Objection Certificate from the revenue authorities and on production of No Objection Certificate, the document was registered. It is further contended that the petitioner is now taking steps to repay the entire loan amount and intend to sell the property and when he approached the 5th respondent to release the deposit of Title Deeds, dated 29.11.2011 and 03.07.2012, he refused to release the same and sought for a fresh No Objection Certificate from the Revenue Divisional Officer, Kurnool Mandal, Kurnool District (3rd respondent).
2. Learned counsel for the petitioner submits that it is illegal to insist No Objection Certificate each time when a document is presented. However, no proof has been filed in support of the claim that the document was presented and request was made bringing to the notice of the registering authority that a No Objection Certificate was already granted in the year 2011 and the document was already registered on the same property, but in spite of bringing to the notice of the registering authority, the same was not agreed upon.
3. Having regard to the said submissions, the Writ Petition is disposed of giving liberty to the petitioner to approach the Joint Sub-Registrar-I, RO(OB), Kurnool (5th respondent) by submitting a written request to the 5th respondent bringing to the notice of the 5th respondent the earlier No Objection Certificate and the registration of documents made in the year 2011 and to process the documents he seek to present before him and as and when such a representation is made, the 5th respondent shall consider and pass appropriate orders within a period of two (2) weeks from the date of receipt of such request. 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 September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25894 of 2014 Date: 4th September, 2014 KL