THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24531 of 2014 Dated : 22.09.2014 Between:
Smt A.M.Vijaya Ramanimani, W/o. M.R.Chary, Rep., by her GPA holder Smt N. Vasantha Kumari, W/o. Satyanarayana, Aged 75 yrs, R/o.D.No.19-6/20/B3, STV Nagar, Tirupati town and Urban Mandal, Chittoor District And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Stamps and Registration) Department, A.P.Secretariat, Hyderabad & 4 others .. Petitioner .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24531 of 2014 ORDER :
The case of the petitioner is that on 30.08.1993 the Tirumala Tirupati Devasthanam (for short the ‘TTD’) and vendor of the petitioner entered into deed of exchange. The land to an extent of 53.33 Square yards in Survey No.131/1 belonged to the vendor of the petitioner’s vendor was taken over by the TTD for the purpose of widening of road and in exchange it has given land to an extent of 53.33 Square yards in Survey Nos.117 and 118 of Ward No.19 of Tirupati Urban Mandal, to the vendor’s vendor of the petitioner. The vendor of the petitioner purchased from the said person and from the vendor, the petitioner purchased the land in the year 1994. Thereafter, the petitioner constructed three floors of residential house. When the petitioner intend to sell the property and approached the registering authority, the registering authority refused to register the deed of conveyance on the ground that in the revenue records, furnished to them, the said property is classified as belonging to the religious and charitable institution and therefore, cannot be processed for registration. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that the land in Survey No.117 and 118 belonged to TTD, was merged and common survey No.117 is assigned. But the same fact is not reflected in the revenue record. The fact that the land belonging to TTD is also not reflected and by referring to some old records, which originally reflect the land as belonging to Hathiramjee Mutt and wrong communication was sent to the registering authority.
3. Learned Standing Counsel representing TTD, submits that by way of an order of Court in the year 1962, the property in Survey No.117 and 118 vested in TTD. The TTD entered into an agreement with the vendor’s vendor of the petitioner on 30.08.1993 to exchange the land and the land in issue was given to him. Learned Standing Counsel further submits that reflection of Hathiramjee Mutt as owner of the property is erroneous and the TTD has no objection for alienation of the said land.
4. Having regard to the stand of the TTD that the land to an extent of 53.33 Square yards in Survey No.117 was given to the vendor’s vendor of the petitioner, as early as on 30.08.1993, the title has validly passed on to the petitioner and therefore, the objection of the registering authority by referring to a wrong declaration given by the revenue authorities, treating the said property as belonging to the Endowment Institution is erroneous.
5. The writ petition is disposed of directing the Sub-Registrar, Tirupati Urban, Tirupati, Chittoor District (3rd respondent) to receive and process the deed of conveyance concerning the said property and as and when such document is presented by the petitioner, the same shall be received in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899 without reference to the reflection of the said land as belonging to the religious and charitable institution and the deed of conveyance if otherwise in order, shall be registered and released to the parties. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 22nd September, 2014 Rds