Dated : 16.04.2014 Between:
B.Pulla Reddy, S/o Obula Reddy, Agriculture, R/o H.No.10/9, Banaganapalee Village & Mandal, Kurnool District.
.. Petitioner And The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad and four others .. Respondents This Court made the following :
ORDER :
This writ petition is instituted declaring the list of immovable properties in Survey No.163/1 of Banaganapalle Village, furnished by the District Collector, Kurnool, Kurnool District – 3rd respondent to the Sub-Registrar, Banganapalle Village and Mandal, Kurnool District – 5th respondent vide Lr.R.dis(E2)/2845/2010 dated 17.01.2012 and the consequential endorsement of the 5th respondent dated 21.03.2014 whereunder prohibiting the registration of the properties in Survey No.163/1 of Banaganapalle Village in Kurnool District, as arbitrary and illegal.
2. It is contended by the petitioner that as a result of said illegal orders, the sale deed document presented by the petitioner is not received and processed. The petitioner states that he is the absolute owner and possessor of house bearing No.10/9, existing in 110.80 square yards constructed with RCC built up area of 787.50 square feet and ACC/Madras Terrace built up area of 218.75 square feet and the said house property is in Survey No.163/1 of Banaganapalle Village. Due to personal needs, he intended to dispose of the said property and approached the 5th respondent for market value certificate. The 5th respondent instead of issuing the market value certificate made the impugned endorsement stating that the property covered in Survey No.163/1 of Banaganapalle Village is prohibited property, as per the list of immovable properties furnished by the third respondent-District Collector, Kurnool, to the fifth respondent - Sub Registrar, Banaganapalle, dated 17.01.2012. Aggrieved by the same, the petitioner filed this writ petition.
3. Concerning the property in respect of the same survey number, following the order in W.P.No.28546 of 2012 dated 18.09.2012 this Court by order dated 04.07.2013 allowed W.P.No.19070 of 2013 holding the action of the Sub-Registrar in refusing to receive and process the sale deed document as illegal. The said order reads as under :-
“For reasons alike as were mentioned in the said order, this writ petition is allowed holding that there is no basis for the inclusion of the petitioner’s land in Survey No.163/1 of Banaganapalle Village, in the list of prohibited properties communicated by the Revenue Authorities to the Registration Authorities. In the event the Government claims the subject land as its own, it is open to it to initiate appropriate proceedings before the competent forum in that regard and seek cancellation of the registered transactions thereafter. The endorsement dated 01.07.2013 of the Sub-Registrar, Banaganapalle, is accordingly set aside. The Sub-Registrar, Banaganapalle, is accordingly directed to receive and process the document presented by the petitioner in respect of the subject land without reference to the letter dated 17.01.2012, subject to the document presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.”
4. Following the above decision, this Writ Petition is disposed of. The Sub-Registrar, Banaganapalle is directed to receive and process the document presented by the petitioner in respect of the subject land without reference to the letter dated 17.01.2012, subject to the document presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 16.04.2014 ssp