IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13221 of 2014 Between:
Sri Peddaboyina China Kota Reddy, S/o. Bangaru Reddy, Aged 61 years, R/o. Kandukuru Village & Mandal, Prakasam District & another AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps & Registration Department, Secretariat Buildings, Hyderabad & 2 others .. Petitioners .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13221 of 2014 ORDER:
In this writ petition, the only grievance of the petitioners 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 documents presented by them for registration in connection with immovable property.
2. When the matter is taken up for consideration, learned counsel for petitioners and learned Government Pleader for Revenue submit 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. With the consent of both the learned counsel, the writ petition is disposed of at the admission stage. Learned counsel for petitioners also submits that the land in issue is not assigned to Ex-Servicemen.
3. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub-Registrar, Kandukur, Prakasam District (3rd respondent) to receive and process the documents presented by the petitioners without insisting upon such NOC and in the event the documents presented fulfil the requirements of the 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 3rd respondent is of the opinion that the documents presented for registration warrant 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, 1908. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 25th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13221 of 2014 Date: 25th April, 2014 KL