HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29519 of 2014 DATED : 08.12.2014 Between:
Vuyyuru Ratnakumari W/o.Late Venkatarao, Aged 55 yrs, Occu : Housewife, R/o.8th Lane, Shyamalanagar, Guntur, Guntur District.
.. Petitioner AND The Sub-Registrar, Guntur, Guntur District & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29519 of 2014 ORDER:
This writ petition is instituted alleging that when document was presented by the petitioner for registration, the registering authority is insisting for obtaining of No Objection Certificate from the revenue authorities as a condition precedent to receive the document or to make a request for information.
2. Several 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 even though a Division Bench of this Court in W.A.No.1653 of 2013 held that insistence of No Objection Certificate from the revenue authorities is not valid and such insistence is illegal and even though clear instructions are issued by the Government and the Commissioner and Inspector General of Registration and Stamps, State of Andhra Pradesh, from time to time.
3. 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.
4. When the matter is taken up for consideration, learned Assistant Government Pleader produced order of Commissioner and Inspector General of Registration and Stamps, State of Andhra Pradesh, on the issue of No Objection Certificate. Reiterating the Government’s resolve not to insist for No Objection Certificate from revenue authorities as a condition precedent for receiving the Deed of Conveyance, the Commissioner and Inspector General of Registration and Stamps issued Memo No.G1/19131/2005, dated 30.10.2014, directing the registering authorities not to insist the No Objection Certificate from the revenue authorities as a condition precedent for receiving Deeds of Conveyance.
5. The relevant portion of the Memo reads as under: “In view of the above, all the District Registrars in the State are hereby informed that the instructions issued in the references 2nd to 4th cited are reiterated and further they are instructed to direct the Sub- Registrars in their control not to insist the NOC from the Registering Public. Further they are directed to instruct the Sub-Registrars to receive the documents presented by the Public and process the same as per Rules prescribed in the Department and pass appropriate orders for the properties listed in the prohibited properties.
These instructions shall be followed scrupulously. Any deviation will invite the disciplinary action.”
6. Having regard to the orders of the Commissioner and Inspector General of Registration and Stamps, no declaration as sought by the petitioner is necessary.
7. It is seen in several writ petitions that the Department and Commissionerate are not taking effective measures to sensitize the registering authorities and civilians are put at the mercy of registering authorities. It appears that there is no register maintained for monitoring the requests of people on issues concerning registration of documents and information on various issues concerning registration of documents are not kept in the public domain. So much of secrecy is maintained on all such issues.
8. However, in order to avoid further litigation and to save the ordinary people from this kind of litigation, the Commissioner and Inspector General of Registration and Stamps is directed to enforce his orders strictly. Any erring Officer should be proceeded departmentally viewing the said violation as a grave misconduct.
9. The Writ Petition is disposed of. 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: 8th December, 2014
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