IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1337 of 2014 Between:
Alavelli Venkata Gokula Krishna .. Petitioner AND Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1337 of 2014 ORDER:
The petitioner assails the action of the registration authorities in refusing to receive the document presented by him in respect of house property bearing 1) Door No.28-192, Ground + 1st floor and 2nd floor RCC House vide Assessment No.1092004206 to an extent of 94.33 square yards in Sy.No.159/2,
2) Door No.25-160, Ground + 1st floor RCC house vide Assessment No.1092003271 to an extent of 213.74 square yards in Sy.No.159/2, situated at Salur Municipality, Vizianagaram District. According to the petitioner, the Sub-Registrar, Salur, Vizianagaram District (3rd respondent), informed him that documents pertaining to the subject land are prohibited for registration and furnished a list of prohibited properties, which included Survey No.159/2 of Salur.
2. The land in this survey number fell for consideration before this Court in W.P. No.23634 of 2012. A copy of the order, dated 26.11.2012, passed therein is placed on record and reflects that part of the subject land in this survey number was sold in a Court auction prior to 1971 and, therefore, the claim of the Government that the entire land in this survey number belonged to it was not accepted. The writ petition was accordingly disposed of directing the registration authorities to proceed with the registration of documents in respect of this land in accordance with law. Following this order, this Court disposed of WP Nos.19891 of 2013, 25629 of 2013 and 25611 of 2013 with similar directions.
3. For reasons alike as were mentioned in the aforestated orders passed by this Court, this Writ Petition is disposed of directing the Sub-Registrar, Salur, Vizianagaram District (3rd respondent), to receive and process the document presented by the petitioner in respect of the subject land. In the event the said document is found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub- Registrar shall complete the registration formalities and release the document in accordance with the due procedure. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 23rd January, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1337 of 2014 Date: 23rd January, 2014 KL