HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32748 of 2014 Date: 17.11.2014 Between:
Boya Parvathamma W/o. late Boya Chitrappa, Aged about 55 years, Kalyandurg Village and Mandal, Anantapur District.
… Petitioner AND Government of Andhra Pradesh, rep.by its Principal Secretary, Registrations and Stamps Department, Secretariat Buildings, Hyderabad and others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32748 of 2014 ORDER:
Petitioner claims to be the owner of the land to an extent of Ac.5.00 cents in Sy.No.388/1 of Kalyandurg Village and Mandal, Anantapur District and she is in possession and enjoyment of the same. She claims that originally the survey number consisted of Ac.42.15 cents owned by Mangaiah Gari Subbaiah. The petitioner traces the history of passing on title and now she is in possession of Ac.5.00 cents. When petitioner applied to the Sub-Registrar for furnishing of market value and stamp duty, Sub-Registrar vide his endorsement refused to furnish the information on the ground that the property is classified as Government land.
2. Learned Government Pleader produced written instructions furnished by the Tahsildar, Kalyandurg. The Tahsildar admits of the fact that entire extent of land in Sy.No.388-1 stood in the name of Singiribatlagari Yanumandla Narasinga Rao and two others and it is a private patta land. The survey number was subdivided and in Sy.No.388-1A1 to an extent of Ac.5.00 cents, the name of the petitioner is recorded. He states that there is no objection for registration of the above land.
3. Having regard to the assertion of the Tahsildar, Kalyandurg Mandal, the objection raised by the Sub-Registrar is illegal and accordingly the same is set aside.
4. The writ petition is accordingly allowed and the Sub-Registrar, Kalyandurg, Anangapur District (5th respondent) is directed to furnish market value on the above property and to receive and process the deed of conveyance in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899, as and when presented without raising the objection that it is a Government land and if the document is otherwise in order, he shall register and release the same to the petitioner. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date: 17.11.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32748 of 2014 Date: 17.11.2014 kkm