IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.934 of 2014 Between:
Bandreddy Venkata Ramana Kumar & 3 others .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.934 of 2014 ORDER:
Petitioners are four in number. Petitioners 1 to 3 claim that they are the owners and possessors of land to an extent of Ac. 0.52 cents in Sy.No.155/2, situated at Chowdavaram Village, Guntur, Guntur District. Due to personal needs, petitioners 1 to 3 intend to dispose of the said property and the 4th petitioner expressed his willingness to purchase the same. When the petitioners approached the Sub-Registrar, Prathipadu, Guntur District (4th respondent), for registration of the sale transaction in favour of the 4th petitioner, the 4th respondent refused to give particulars of stamp duty and refused to receive the sale deeds informing the petitioners that the said land is a Government land and cannot be alienated. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioners contended that the land was originally assigned in the year 1934. If any assignment made prior to 1954, there is no bar from alienating the land so assigned. Learned counsel further submits that the vendors of the petitioners 1 to 3 purchased the land through a Court auction. Therefore, the land in issue is a private patta land and the petitioners 1 to 3 are having full rights over the said land and are entitled to alienate the same. In support of the contention of the petitioners, the learned counsel places reliance on letter Rc.No.1000/2012 K, dated 09.08.2012, from the Revenue Divisional Officer, Guntur, addressed to the Tahsildar, Guntur, wherein he informs the Tahsildar, Guntur, that the land is not Government land and is not prohibited from alienation.
3. Learned Assistant Government Pleader produced written instructions furnished by the Tahsildar, Guntur, who reiterates the facts as informed to him by the Revenue Divisional Officer, Guntur.
4. The written instructions as well as the letter of the Revenue Divisional Officer, dated 09.08.2012, makes it clear that the land in issue is private patta land and there should be no objection from alienating the said land.
5. Having regard to the facts noted above and the submissions made by the learned counsel for the petitioners and the learned Assistant Government Pleader, the Writ Petition is disposed of directing the Sub-Registrar, Prathipadu, Guntur District (4th respondent), to receive and process the Deed of Conveyance in respect of the land to an extent of Ac. 0.52 cents in Sy.No.155/2, situated at Chowdavaram Village, Guntur, Guntur District, as and when the same is presented duly furnishing the market value of the property, in the event the document presented fulfils the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, he shall register and release the document in accordance with the due procedure. If, however the 4th respondent is of the opinion that the document presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1908. 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: 21st January, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.934 of 2014 Date: 21st January, 2014 KL