THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39486 of 2014 Dated : 24.12.2014 Between:
Smt. Allu Samalu W/o.Late Ramamurthy, Aged about 57 yrs, Occu : Housewife, R/o.Naidu Street, Salur, Vizianagaram District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39486 of 2014 ORDER :
The case of the petitioner is that she is the owner and in possession of the property bearing Door No.45-49/2 with assessment No.1092007153, in Sy.No.162/2, Ward No.17, Naidu Street Municipal cement road, Salur Municipality, Vizianagaram District, and she intend to execute a settlement deed of the above property in favour of his daughter. When the petitioner intend to present the said document for registration, the Sub-Registrar, Salur, Vizianagaram District (2nd respondent), refused to receive the same on the ground that in the revenue records the land is classified as ‘Government Land’ and prohibited from alienation of the property.
2. When the matter is taken up for consideration, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for Municipality, represented that the subject matter of this writ petition is covered by the decision of this Court rendered in W.P.No.1339 of 2014 and batch.
3. In W.P.No.1339 of 2014 and batch, after construing the provisions in Section 2(1) of the A.P. Land Encroachment Act, 1905, the proceedings issued by the District Collector, Kadapa in Circular Reference No.E3/1291/2007, dated 29.04.2007, G.O.Ms.100, dated 22.02.2014, and earlier decision of this Court in W.P.No.23634 of 2012 and batch, this Court held as under :
“As evident from the Circular of the District Collector, Kadapa, and the Orders of the Government in G.O.Ms.No.100 dated 22.02.2014, the lands classified as Gramakantham are not the Government lands and that there is no restraint for alienation of the said properties. Thus, the decision of the Sub-Registrar in refusing to entertain the deed of conveyance concerning the properties in Sy.Nos.159/2 and 162/2 of Salur Municipality is erroneous.”
4. For the reasons alike, this writ petition is also disposed of directing the Sub-Registrar, Salur, Vizianagaram District (2nd respondent) to receive and process the settlement deed dated 08.12.2014 concerning the property in Survey No.162/2 of Salur Village and Municipality, Vizianagaram District, as and when presented by the petitioner, in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899, without raising the objection that the property is classified as Government land. The Sub-Registrar, shall complete registration formalities, if the document is otherwise, in order and release the same. If the Sub-Registrar, has any other valid reason for not entertaining the document, he shall pass a reasoned order and communicate the same to the party. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO,J 24th December, 2014 Rds