HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26899 of 2014 Between:
Botsa Parasuram S/o.Late Appala Swamy, Aged about 54 years, R/o. Baguvalasa Village, Salur Mandal, Vizianagaram District & another .. Petitioner AND The State of Andhra Pradesh, Rep. by The Principal Secretary, Registration and Stamps (Revenue) Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26899 of 2014 ORDER:
The case of the 2nd petitioner in this writ petition is that she entered into an agreement with her vendor for purchase of vacant site to an extent of 184.44 Square yards or 154.92 Square meters situated in Door No.49-47-1, Old Ward No.18, New Ward No.24, South side of Pedakumaripeta road, in T.S.No.162/2, Salur Village and Municipality, Vizianagaram District, and paid the total sale consideration of Rs.1,28,000/- and the vendor has agreed to register the schedule property in her name and handed over the possession of the vacant site. Accordingly, when the petitioner along with the vendor approached the Sub-Registrar, Salur, Vizianagaram District (3rd respondent), requesting him to furnish market value and permit her to present the deed of conveyance, the 3rd respondent refused to receive and process the same on the ground that the property is classified as ‘Poromboke’ and cannot be permitted for registration as per the communication furnished by the revenue authorities.
2. When the matter is taken up for consideration, learned counsel for the petitioner, 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. Following the earlier decision of this Court concerning Survey Nos.159/2 and 162/2, falling within the Salur Municipal Limits, this writ petition is also disposed of directing the Sub-Registrar (3rd respondent) to furnish market value concerning the property in Survey No.162/2 of Salur Municipality and to receive and process the deed of conveyance, as and when presented by the petitioner, in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899, without raising the objection that the property is classified as Government land. The Sub-Registrar, shall complete registration formalities, if the document is otherwise, in order and 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 party. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J 11th September, 2014
Rds