THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1735 of 2014 Dated : 05.06.2014 Between:
B.P.Srinivasa Reddy, S/o B.P.Venkata Subba Reddy, 44 yrs., Agriculturist, R/o Yallur Village, Gospadu Mandal, Kurnool District.
.. Petitioner And The Government of Andhra Pradesh, Rep. by its Principal Secretary (Revenue), Secretariat Buildings, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1735 of 2014 ORDER :
The petitioner avers that the land to an extent of Acs.2.11 cents in Survey No.340 of Yallur Village, Gospadu Mandal, Kurnool District was an ancestral property. In 2008, the petitioner and his brother partitioned the properties and the said land is fallen to the share of the petitioner. With an intention to dispose of the said property, when the petitioner approached the Sub-Registrar (4th respondent) for market value certificate, the Sub-Registrar refused to furnish the same on the ground that the land in the above survey number is included in the list of prohibited properties showing that the status of the land is assigned land. Aggrieved by the same, the petitioner represented to the Revenue Divisional Officer and Tahsildar to clarify the status of land. The Tahsildar conducted thorough enquiry and submitted his report dated 11.05.2012 to the Revenue Divisional Officer. The Tahsildar reported that on thorough verification of the revenue records, the land to an extent of Acs.5.28 cents in Survey No.340 is not a Government land nor an endowment or wakf land, but it is a private patta land. After considering the report of the Tahsildar, the Revenue Divisional Officer addressed a letter in Rc.B.No.1360 of 2012 dated 21.07.2012 to the Sub-Registrar, Sirivella informing him that the land cannot be treated as a prohibited property and that it is a private patta land and there can be no objection to carry out the deeds of conveyance to register the same. In spite of the orders passed by the Revenue Divisional Officer, the Sub-Registrar is not undertaking the registration nor furnishing the market value on the ground that general instructions are issued by the Commissioner of Registration and Stamps on 23.07.2013 and directs the subordinate authorities not to entertain any requests for deletion of the properties from the revenue authorities, which were already included in the prohibited list unless such communication is rooted through the Commissioner and Inspector General of Registration and Stamps.
2. Learned counsel for the petitioner submits that the communication dated 23.07.2013 issued by the Commissioner and Inspector General of Registration and Stamps is applicable only when a notification is issued under Section 22-A of the Registration Act (for short ‘the Act’). In the case of the petitioner, in fact no such notification is issued, but only through a communication by the revenue authorities, the land was shown as prohibited property. He further contends that the Commissioner and Inspector General of Registration and Stamps cannot prohibit the undertaking of registration of conveyance when it is a private patta land and revenue authorities have clearly stated that the land owned by the petitioner is described as private patta land and is not a Government land or land belonging to endowment department or wakf authority.
3. As seen from the proceedings of the Revenue Divisional Officer dated 21.07.2012 addressed to the Sub-Registrar, Sirivella, the revenue authorities have thoroughly enquired into the revenue records and found that the land to an extent of Acs.5.28 cents in Survey No.340 of Yalluru Village is a patta land and it is not a Government land and it is the categorical assertion of the revenue authorities that the said land is neither Government land nor it is an Endowment or wakf land. Thus, according to the revenue records, the status of the land being a private patta land there cannot be any bar or restraint imposed on the individual owning the property from alienation of the property. Admittedly, no notification was issued under Section 22-A of the Act prohibiting registration of the land owned by the petitioner and there was only a communication. As seen from the proceedings of the Commissioner, whenever a reference is received under Section 22-A of the Act for any modifications or deletion of the properties from prohibited property list from the Revenue Authorities/ Endowment Department/Wakf authorities etc., the same may be returned to the concerned authorities with a request to address the Commissioner and Inspector General. This is an internal circular for the purpose of observance of procedure by the subordinate authorities. Based on such guidelines, the request of the petitioner for alienation of the property cannot be refused.
4. Learned Assistant Government Pleader has produced written instructions furnished to him by the Tahsildar dated 22.02.2014. The said instructions reiterate the earlier report of the Tahsildar as well as the report of the Revenue Divisional Officer dated 21.07.2012.
5. Apparently, no notification under Section 22-A of the Act was issued. A communication informing the Sub-Registrar that the property is included in the prohibited list cannot be a valid document refusing to honour the registration. In view of the categorical statement of the revenue authority that the land to an extent of Acs.2.11 cents in Survey No.340 owned by the petitioner is not classified as Government land or an endowment land or wakf property, the earlier communication loses its significance/relevance. Thus, merely because, the decision to treat the property of petitioner as private patta land is not rooted through the Commissioner cannot be a ground for the Sub-Registrar to refuse to furnish the market value certificate.
6. In the facts of this case, this Writ Petition is allowed directing the Sub-Registrar to furnish the market value of the land to an extent of Acs.2.11 cents owned by the petitioner in Survey No.340 and to receive the deed of conveyance as and when the same is presented by the petitioner and process the same in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899 without raising the objection that the property in issue is classified as assigned land duly taking note of the report submitted by the Revenue Divisional Officer vide his proceedings in Rc.B.No.1360 of 2012 dated 21.07.2012. There shall be no order as to costs.
Consequently, Miscellaneous petitions, if any, pending in this writ petition shall stand closed JUSTICE P.NAVEEN RAO Date : 05.06.2014 ssp