THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15909 of 2014
Dated : 11.06.2014
Between:
Botsa Eswar Rao, S/o Thaviti Naidu, Hindu, 48 yrs., R/o Gummadam Village, Salur Mandal, Vizianagaram District and another .. Petitioners And The State of Andhra Pradesh, Rep. by its Principal Secretary, Registration & Stamps (Revenue) Department, Secretariat Buildings, Hyderabad and four others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15909 of 2014
ORDER :
The grievance of the petitioners in this writ petition is that when they have presented deeds of conveyance concerning the property situated in Town Survey No.159/2 of Salur Village and Municipality, Vizianagaram District, the registering authority refused to receive the deeds of conveyance of the said properties on the ground that the lands in Survey Nos.159/2 and 162/2 are classified in the revenue records as poramboke and prohibited for registration as communicated to the Sub-Registrar by the revenue authorities.
2. When the matters are taken up for consideration, learned counsel for the petitioners, 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 disposed of directing the Sub-Registrar, Salur, to furnish market value concerning the property situated in Survey No.159/2 of Salur Municipality and to receive the deeds of conveyance as and when the same is presented by the parties on the said lands and process the same in accordance with the provisions of Indian Registration Act, 1908 and the Indian Stamp Act, 1899 without raising the objection that the land is classified as Government land. The Sub-Registrar shall complete the registration formalities, if the documents are in order and to release the same. If the Sub- Registrar has any other valid reason for not entertaining the documents, he shall pass a reasoned order and communicate the same to the parties. There shall be no order as to costs.
Consequently, Miscellaneous petitions, if any, pending in these writ petitions shall stand closed.
JUSTICE P.NAVEEN RAO Date : 11.06.2014 ssp