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Tuesday, May 1, 2012

NOT TO INSIST NO OBJECTION CERTIFICATE


The petitioners claim to be the owners of plot. in Survey No. admeasuring 107 square yards under  Guntur Municipality, Guntur District.  They intended to sell the property and claim to have approached the first respondent with a request to receive the document for registration.  The grievance of the petitioners is that the first respondent is refusing to receive the document for registration, by treating the subject matter of the document as Wakf property.   They seek appropriate directions in this regard. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue.  The Registering authority does not have the power to refuse to receive a document.  He can certainly refuse registration, in case there exist valid grounds for it.  Refusal to receive the document would amount to abdication of duties.  This Court does not intend to express any view on the merits of the matter.  Suffice it to say that the first respondent shall entertain the document and process the same in accordance with law.
 Therefore, the writ petition is disposed of, directing that-
(a)                the first respondent shall receive the document as and when presented by the petitioners;
(b)                in case, the document can be registered, the first respondent shall process the same and complete the steps within four (4) weeks from the date of receiving the document; and
(c)               if on the other hand, there exist any grounds that enable the first respondent to refuse registration, he shall communicate the same to the petitioners in writing within two (2) weeks from the date of receiving the document. There shall be no order as to costs. The miscellaneous petition filed in this writ petition also stands disposed of.  The above case was argued by me  on behalf of the petitioner and obtained favourable orders.