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Sunday, January 27, 2013

insisting on production of ‘No Objection Certificate’ (NOC) from the revenue authorities as a pre-condition for entertaining the documents for registration as illegal and arbitrary.= the Principal Secretary to the Government issued memo No.49938/Regn.I/A1/2012-4 dated 06.12.2012, whereby he has requested the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh to issue instructions to all the registering officers not to ask for NOCs from the revenue authorities before registration of prohibited properties and not to act on any such NOCs. It is unfortunate that in spite of said proceedings, respondent No.3 is stated to be insisting on production of NOCs. Respondent No.3 is, therefore, restrained from insisting on production of NOCs as a pre-condition for entertaining the documents for registration. He shall receive the documents from the petitioner and process the same in accordance with the provisions of the Registration Act, 1908.


WP 71 / 2013
 
WPSR 219226 / 2012

PETITIONERRESPONDENT
CHINTA ARUNA, ANANTAPUR DIST.  VSTHE DIST.COLLECTOR, ANANTAPUR DIST., & 2 OTRS.
PET.ADV. : VENKATA PRASADRESP.ADV. : GP FOR REVENUE
SUBJECT: STAMPS & REGISTRATIONDISTRICT:  ANANTAPUR
FILING DATE:  31-12-2012POSTING STAGE :  ADMISSION (STAMPS AND REGISTRATION )DISPOSED ON  :  03-01-2013  ANC
REG. DATE    :   02-01-2013LISTING DATE :  03-01-2013STATUS   :  ---------
HON'BLE JUDGE(S):C.V.NAGARJUNA REDDY    

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.71 of 2013

Dated 03.01.2013
Between:

C.Aruna
          …Petitioner

And


District Collector, Anantapur and others
          …Respondents

Counsel for the petitioner: Sri Ineni Venkata Prasad



Counsel for respondents: Assistant Government Pleader for Revenue

 

The Court made the following:





 ORDER:                           
          This writ petition is filed for a mandamus to declare the action of respondent No.3 in insisting on production of ‘No Objection Certificate’ (NOC) from the revenue authorities as a pre-condition for entertaining the documents for registration as illegal and arbitrary.

          At the hearing, learned Assistant Government Pleader for Revenue submitted that the Principal Secretary to the Government issued memo No.49938/Regn.I/A1/2012-4 dated 06.12.2012, whereby he has requested the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh to issue instructions to all the registering officers not to ask for NOCs from the revenue authorities before registration of prohibited properties and not to act on any such NOCs.   

          It is unfortunate that in spite of said proceedings, respondent No.3 is stated to be insisting on production of NOCs.  Respondent No.3 is, therefore, restrained from insisting on production of NOCs as a 
pre-condition for entertaining the documents for registration.  He shall receive the documents from the petitioner and process the same in accordance with the provisions of the Registration Act, 1908.

          The Writ Petition is allowed to the extent indicated above.

As a sequel, W.P.M.P.No.76 of 2013 shall stand disposed of as infructuous.




________________________

C.V.NAGARJUNA REDDY, J

3rd January, 2013                  
GHN 






















































THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY










































WRIT PETITION No.185 of 2013

Dated 03.01.2013
SKA/GHN



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