Judgment · High Court

This Writ Petition has been instituted complaining about the action of the respondents in not registering the sale deed in respect of a residential plot in Survey No. 78, of an extent of Ac.0.03 cents situate at Saipeta Street, Kadapa. The Tahasildar, Kadapa Mandal, the 3rd respondent herein, has submitted a detailed report as long back as on 23-09-2010 to the Revenue Divisional Officer, Kadapa, pointing out that the land situate in Survey No.78 of an extent of Ac.0-73 cents is a patta land and hence, there cannot be any objection for registration of any conveyance deed in respect of such lands. It also appears that the Tahasildar has prepared and enclosed to his report the necessary checklist for issuance of No Objection Certification, but however, from 23-09-2010 onwards, the Revenue Divisional Officer, Kadapa is sitting tight on the matter without passing the orders. Consequently, the petitioner herein is put to hardship, inasmuch as the 1st respondent Sub Registrar, is declining to entertain for registration any document / instrument of conveyance, which is not accompanied by No Objection Certificate by the Revenue Divisional Officer. Therefore, the 4th respondent Revenue Divisional Officer, is directed to pass appropriate orders on the report submitted by the Tahasildar, Kadapa Mandal on 23-09-2010 within fifteen days today and communicate the same to the 1st respondent Sub Registrar, who, thereafter, will entertain, process and deal with any document / instrument of conveyance that might be presented by the petitioner, in accordance with law, provided the same is in conformity with all other respects of law. It is needless to observe that so long as the prohibition contemplated under Section 22-A of the Registration Act, 1908 is not attracted, the document of conveyance is not only required to be registered, but should also be released thereafter.