Writ Petition No. 25174 of 2012 · Andhra Pradesh High Court

- Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents. This writ petition is filed seeking a Mandamus declaring the order passed by the 2nd respondent in SRO.PTR/01/P.No.44/2012, dated 24.07.2012, refusing to process and register the sale deed executed by the petitioner in favour of its vendee, as illegal and arbitrary, and a consequential direction to the 2nd respondent to process and register the sale deed, dated 24.07.2012, presented 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 Districts. It resolved to transfer a house site admeasuring 125 sq. yards in Sy.No.238-3 of Govindapalam Village, Puthur Mandal, Chittoor District, in favour of one A. Bhagawan Das and, accordingly, executed a document and presented the same for registration, but the 2nd respondent passed the impugned order, dated 24.07.2012, refusing to register the same. From a perusal of the impugned order, it is evident that the document in question is 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 CRPMP.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, the impugned order is quashed and the respondents are directed to accept the document 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 order, dated 24.07.2012. 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. Subject to the above directions, the writ petition is allowed. No order as to costs. As a sequel, WPMP.No.32116 of 2012 stands closed. Date: 17.08.2012 ES ________________________ R. SUBHASH REDDY, J