Writ Petition No. 24697 of 2012 · Andhra Pradesh High Court
Case at a glance
Provisions considered
Judgment
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. This writ petition is filed seeking a Mandamus declaring the orders passed by the 2nd respondent in R.O.TPT/125/P.No.130/2012, R.O.TPT/126/P.No.131/2012 and R.O.TPT/127/P.No.132/2012, dated
09.07.2012, refusing to process and register the gift deeds executed by the petitioner in favour of its workers, as illegal and arbitrary, and a consequential direction to the 2nd respondent to process and register the gift deeds executed by the petitioner. The petitioner-South Andhra Lutheran Church is a Society registered under the provisions of the Societies Registration Act. It owns several properties situated in Chittoor, Kadapa and Nellore District. It resolved to transfer its three house sites admeasuring 140 sq. yards each in Sy.No.308/1 of Tirupathi village to its workers and, accordingly, executed three gift deeds in favour of the workers and presented the same for registration, but the 2nd respondent passed the impugned orders dated 09.07.2012 refusing to register the same. From a perusal of the impugned orders, it is evident that the documents in question are refused to be registered on two grounds
i.e., firstly, that the ‘No Objection Certificate’ is not produced and secondly, the subject property is covered by injunction orders in CRP.No.1147 of 2012 filed before this Court. It is the case of the petitioner that it is not a party to the proceedings in CRP.No.1147 of 2012. It is the further case of the petitioner that the subject property belongs to it, therefore, there is no provision under the Registration Act, 1908, to insist upon production of ‘No Objection Certificate’ from the revenue authorities. Learned counsel for the petitioner placed reliance on the order dated 27.04.2011 in W.P.No.11560 of 2011 and the order dated
01.03.2011 in W.P.No.4394 of 2011 passed by this Court. He also placed reliance on the order dated 12.03.2012 in CRP.MP.No.1546 of 2012 in CRP.No.1147 of 2012 passed by this Court. A perusal of the order, dated 12.03.2012, passed CRPMP.No.1546 of 2012 in CRP.No.1147 of 2012 does not indicate that the petitioner is a party to the proceedings therein. It is settled law that an order of injunction whether passed in a suit or a petition would operate only against the parties to it. It is also to be noticed that under the scheme of Registration Act, 1908, when a document is presented for registration, there is no provision to insist upon production of ‘No Objection Certificate’ from the revenue authorities. For the aforesaid reasons and in view of the orders relied on by the learned counsel for the petitioner referred to above, the impugned orders are quashed and the respondents are directed to accept the documents presented by the petitioner in respect of the subject properties and process the same for registration without reference to the grounds mentioned in the impugned orders dated 09.07.2012. However, it is made clear that it is open to the respondents to verify whether the documents presented by the petitioner are in accordance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. Accordingly, the writ petition is allowed with the directions indicated above. No order as to costs. As a sequel, the miscellaneous petitions, if any, stand disposed of.
09.08.2012 v v ___________________ R.SUBHASH REDDY,J
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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