Judgment · High Court
Case at a glance
Outcome
Disposed of
Hence, the writ petition is disposed of directing
Provisions considered
Judgment
Order
The petitioner claims to be the owner of land admeasuring Ac.3.66 cents in Survey No.228/6C of Upparapalli Village, Anantapur Mandal and District. She intended to sell the said land and claims to have approached the 3rd respondent herein with a request to receive the document for registration. The grievance of the petitioner is that the 3rd respondent is refusing to entertain the document and is insisting on submission of No Objection Certificate from the revenue authorities.
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. It is no doubt true that Section 22-A of the Registration Act, 1908 as amended by A.P. Act 19 of 2007 prohibits registration of documents in respect of the lands mentioned in Clauses (a) to (e) of Sub- Section (1) thereof. Where, however, the lands do not fall into that category, the Registrar has no discretion except to admit the documents for registration ensuring compliance with the relevant provisions of law. It is only when a is referable to any of the clauses mentioned above, that registration can be refused. Registering authority cannot insist on submission of “No Objection Certificate”. That would be reading much into Section 22-A of the Act and expanding the prohibition contained therein. It is well established that any provision that imposes restrictions on the rights of the citizens must be construed strictly and the scope of any such provision cannot be expanded. Hence, the writ petition is disposed of directing the 3rd respondent to process the document that may be presented by the petitioner without insisting on submission of “No Objection Certificate” Revenue Authorities. If the document pertains to the lands that are mentioned in Clauses (a) to (e) of Section 22-A (1) of the Act, he shall communicate the same to the parties concerned within one week from the date of presentation of the document. The miscellaneous petition filed in this writ petition also stands disposed of. There shall be no order as to costs. Dated: 08.06.2012 JSU _____________________ L.NARASIMHA REDDY, J. THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No. 16914 of 2012 Date: 08.06.2012 JSU
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, the writ petition is disposed of directing
Which statutory provisions did this judgment involve?
Registration Act, 1908.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.