HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26121 of 2014 Dated:05.09.2014 Between:
T.Srinivasa Reddy, S/o T.Bayapa Reddy …Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad and two others …Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26121 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 Certificates’ (NOCs) from the Revenue Authorities as a condition precedent for receiving and registering the documents presented by him for registration in connection with the immovable properties.
2. When the matter is taken up for consideration, learned counsel for petitioner and learned Government Pleader for Revenue submit that the subject matter to the extent of No Objection Certificate is squarely covered by the judgment, dated 01.10.2013, of a Division Bench of this Court in Writ Appeal No.1653 of 2013.
3. With the consent of both the learned counsel, the Wit Petition is disposed of at the admission stage. Learned counsel for petitioner also submits that the land in issue is not assigned to Ex-Servicemen.
4. Considering the submissions of both the learned counsel, the Writ Petition is disposed of directing the Sub- Registrar, Anantapuram (Rural), Anantapuram District (respondent No.3) to receive and process the document(s) presented by the petitioner without insisting upon such NOC and in the event, the documents presented fullfil the requirements of the Indian Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the document(s) in accordance with the due procedure. However, if respondent No.3 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 Indian Registration Act, 1908. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
05.09.2014
DR
JUSTICE P.NAVEEN
RAO