IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.4271 & 4293 of 2014 Between:
Budharaju Radhakrishna Varma, S/o. Late Jagannadha Raju, Aged 59 years, R/o. D.No.50-99-5, Seethammadhara, North Extension, Near Vivekanandapur, Visakhapatnam – 13.
AND The State of A.P., Rep. by its Principal Secretary (Revenue), Secretariat, Secretariat Buildings, Hyderabad & 4 others .. Petitioner .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.4271 & 4293 of 2014 COMMON ORDER:
In both writ petitions, the petitioner is the same and the issue is same. Therefore, both writ petitions are disposed of by a common order.
2. With the consent of the counsel for the petitioner and the learned Assistant Government Pleader for the respondents, these two writ petitions are disposed of at the admission stage.
3. The case of the petitioner is that he purchased land to an extent of Ac. 3.00 cents in Survey No.187/4, situated at Desapatrunipalem Village, Parvada Mandal, Visakhapatnam District, from Sri Rebaka Appanna by a registered Sale Deed, dated 11.11.2005. He developed the land into house plots. The petitioner also purchased house plot to an extent of 122 square yards in Survey No.80/4 of the same Village from Nadupuru Appayamma by a registered Sale Deed, dated 14.12.2011. The petitioner intend to dispose of an extent of 50.66 square yards in Survey No.187/4 and 50.11 square yards in Survey No.80/4. When the petitioner presented the documents for registration, the documents were received and kept pending by assigning No.P111/2013, dated 15.07.2013 and No.P103/2013, dated 13.06.2013. Aggrieved thereby, the petitioner filed appeals. The appeals were rejected by order, dated 27.11.2013. Aggrieved thereby, the petitioner instituted W.P.Nos.4271 of 2014 and 4293 of 2014 respectively.
4. Learned counsel for the petitioner submits that these lands are private patta lands and, therefore, the objection raised by the registration authorities holding that the lands are assigned lands is illegal. Learned counsel for the petitioner placed reliance on the certificates issued by the Mandal Revenue Officer, Parvada Mandal, Parvada, Visakhapatnam District (5th respondent), in Rc.No.162/04, dated 13.07.2014 and Rc.No.144/04/SA, dated 25.06.2004, in respect of two properties. In the said certificates, the Mandal Revenue Officer certified that both lands are private patta lands and are not Government lands or assigned land.
5. Learned Assistant Government Pleader, as per the averments made in the counter affidavits filed on behalf of the Sub-Registrar, Lankelapalem, Visakhapatnam District (3rd respondent), submits that as per the revenue records, the land is classified as assigned land and the land was in fact assigned to the vendors of the petitioner. The learned Assistant Government Pleader disputes the correctness of certificates issued by the Mandal Revenue Officer.
6. Having regard to the submissions made by both counsels, the Writ Petitions are disposed of directing the Mandal Revenue Officer, Parvada Mandal, Parvada, Visakhapatnam District (5th respondent), to verify the genuineness of the earlier certificates issued and if the certificates issued are genuine, then he should communicate his decision to the Sub-Registrar, Lankelapalem, Visakhapatnam District (3rd respondent) and also to the petitioner. If, according to the Mandal Revenue Officer, the status of the land as per the revenue records is not a private patta land, then the same information be furnished to the petitioner. Such exercise shall be completed within a period of four (4) weeks. 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: 25th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.4271 & 4293 of 2014 Date: 25th April, 2014 KL