HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 27991 of 2014 Date : 16.10.2014 Between :
B Raghunath Reddy S/o Narayana Reddy R/o Pothukunta village, Dharmavaram mandal Ananthapur district … Petitioners and The Govt of A P Rep by its Secretary, Revenue Department Secretariat, Hyderabad and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 27991 of 2014 ORDER:
The case of the petitioner is that in the family partition he succeeded the property i.e., agricultural land in Survey No. 390/2 to an extent of Ac.5.00 (4.96 cents) out of Ac.18.60 cents of Kunuturu village, Dharmavaram mandal, Anantapur district. The petitioner alleges that it is a private land and his family is in continuous possession and enjoyment. Petitioner intended to dispose of the said property and when he approached the 4th respondent-Sub Registrar, Dharmavaram, Anantapur on 3.9.2014 to present the deed of conveyance, 4th respondent informed the petitioner that subject property is shown in the list of assigned lands, therefore cannot be processed for registration. Aggrieved thereby, this writ petition is instituted.
2. Learned Assistant Government Pleader produced written instructions from Tahsildar, Dharmavaram vide Rc No. 988/2014/B dated 14.10.2014. According to said instructions, survey number originally assigned was 390/2 with an extent of Ac.18.60, however, as per 1-B register pattadar passbooks are issued by describing the individual extents of land with different survey numbers. So far as petitioner is concerned, he was assigned survey number 390/2C with an extent of Ac.4.96 cents. Tahsildar admits that due to oversight he has included the lands in the above survey number as Government land, though the said lands are private patta lands.
3. Initially when the writ petition is filed the claim made by the petitioner was that he owns land to an extent of Ac.5.00, however, having noticed the discrepancy and the entry made in the pattadar passbook and other revenue records, a memo is filed confining the relief only to an extent of Ac.4.96 cents.
4. In view of the categorical assertion of the Tahsildar that the land which petitioner claims as own and in possession and enjoyment is private patta land, the objection raised by the Registering Authority is erroneous.
5. Accordingly, the writ petition is disposed of directing the 4th respondent to receive the deed of conveyance as and when presented by the petitioner insofar as land to an extent of Ac.4.96 cents in Survey No. 390/2C of Kunuthuru village, Dharmavaram mandal, Ananthapur district is concerned and if it is otherwise in order shall process the same in accordance with Registration Act, 1908, and the Indian Stamp Act, 1899, register and release, if it is otherwise in order within a period of three weeks from the date of receipt of presentation of the document.
No costs. Sequel to the same, miscellaneous petitions, if any, stands closed.
P NAVEEN RAO,J DATE:16.10.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No. 27991 of 2014
Date : 16.10.2014