Telangana High Court
Gunde Kalamma W/O G.Bikshapathi, vs The State Of Telangana, on 20 August, 2024
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA
PRADESH
MONDAY, THE TWENTY SECOND DAY OF DECEMBER,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE P. NAVEEN RAO
WP .NO: 39219 of 2014
Between:
Gunde Kalamma W/o G.Bikshapathi,
R/o H.No. 2-105, Anantharam Village, Bhuvanagiri Mandal, Nalgonda District.
..... Petitioner
AND
1 The State of Telangana, Rep. by its Principal Secretary, Department of
Revenue and Registrations, Secretariat Buildings, Hyderabad.
2 The District Collector, Nalgonda District Nalgonda .
3 The Tahsildar, Bhuvanagiri Mandal, Bhuvanagiri, Nalgonda District.
4 The Sub Registrar, Bhuvanagiri, Nalgonda District.
.....Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed herein, the High Court may be
pleased to issue a writ order or direction more particularly one in the nature of
WRIT OF MANDAMUS, declaring the action of the respondent No.4 in not
receive and registering the documents for the purpose of registration of the
petitioner's land in Sy.Nos.200, 148, 61, and 62 totalling to an extent of Ac.2-35
Guntas situated in Anantharam village, Bhuvanagiri Mandal, Nalgonda District
and insisting upon no objection certificate from the 3rd respondent is illegal,
arbitrary and contrary to law and being violative of Article 14, 16, 21 and 300A of
the Constitution of India and consequently direct the respondent No.4 to
receive, register and release the document presented by the petitioner for the
purpose of Registration without insisting upon No Objection Certificate from the
3rd respondent for the above lands.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed herein and upon hearing the arguments of Sri Keetha Ramnadh,
Advocate for the Petitioner and G.P. for Revenue (Telangana) for the
Respondents, the Court made the following
ORDER:
The matter relating to insistence of No Objection Certificate as a
condition precedent for furnishing information, sought by the parties and
for receiving deeds of conveyance. It is the general complaint of all the
parties and hence several writ petitions are instituted alleging that inspite
of the Judgment of the Division Bench of this Court in W.A.No.1653 of
2013 and general orders issued by the then State of Andhra Pradesh, the
registering authority continued to insist production of No Objection
Certificate, which is illegal.
Having regard to the same, it may be necessary for the State of
Telangana, to reiterate its stand and issue clear instructions to the
registering authority, not to insist for No Objection Certificate, when there
is a clear prohibition against such insistence.
Contd...2/P
Learned Government Pleader, requests one week time to ascertain
and produce relevant instructions.
For compliance, post on 30.12.2014 in the motion list.
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
1 The Principal Secretary, Department of Revenue and Registrations,
State of Telangana, Secretariat Buildings, Hyderabad. (By Special
Messenger)
2 The District Collector, Nalgonda District Nalgonda.
3 The Tahsildar, Bhuvanagiri Mandal, Bhuvanagiri, Nalgonda District.
4 The Sub Registrar, Bhuvanagiri, Nalgonda District.
5 The Commissioner and Inspector General of Registration and Stamps,
State of Telangana, Hyderabad. (By Special Messenger)
6 One CC to Sri Keetha Ramnadh, Advocate (OPUC)
7 Two CCs to the G.P. for Revenue (Telangana), High Court, Hyderabad.
(By Spl. Messenger)
8 One spare copy.
nnr
HIGH COURT
PNR,J
DATED: 22-12-2014
NOTE: For compliance,
Post on 30-12-2014 in motion list
ORDER
W.P.NO. 39219 OF 2014
DIRECTION
HIGH COURT
Nnr
Date of Drafting : 23-12-2014
PNR,J
DATED: 22-12-2014
NOTE: For compliance,
Post on 30-12-2014 in motion list
ORDER
W.P.NO. 39219 OF 2014
DIRECTION
