HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 3061 of 2014 Date: 5.6.2014 Between :
C. Lakshmi Devi W/o C Ramakrishna R/o D No. 10-413-3-2, Sai Nagar, Kovelakunta village, Kurnoll district … Petitioner and The Government of A P Rep by its Principal Secretary, Revenue (Stamps & Registration) Department Secretariat , Hyderabad and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 3061 of 2014 ORAL ORDER:
Petitioner is purchaser of land to an extent of Ac.4.16 cents in Survey No. 668-A/1, Aluru village, Tadipatri mandal, Anantapuram district from Sri Gangaraju and Sri Nagaraju. The deed of conveyance was presented for registration before the Sub Registrar-4th respondent on 1.7.2013. The Sub Registrar assigned P No. 50 of 2013 and by intimation dated 30.11.2013 the Sub Registrar informed the petitioner that as per the information furnished by the Revenue Authorities the said land is prohibited for alienation and therefore deed of conveyance cannot be processed for registration.
Aggrieved thereby this writ petition is instituted.
2. Learned counsel for petitioner contends that original owner of the land was Sri Chakal Ranganna alias Rangadu who was assigned land as early as 16.2.1929. SriNaraboina Naganna has purchased the said land vide registered sale deed dated 5.9.1967. Sri Ganga Raju and Sri Nagaraju are sons of Sri Naganna. Petitioner intends to purchase the land from Sri Ganga Raju and Nagaraju. He further contends that as the assignment was made much prior to 1954, there is no prohibition from alienation of the land assigned by the assignee and title has been validly passed on to the vendors of the petitioner.
3. Learned Government Pleader produced written instructions furnished by the Tahsildar, Tadipatri dated 7.2.2014 wherein it is admitted that assignment was made to Sri Chakala Ranganna vide D.A.R.Dis No. 52 / 39 dated 16.2.1929 as per the entries available in the Assignment Lands List Register maintained by the said office. He also recognizes the fact that pattadar passbooks were issued to Sri Naraboina Gangaraju and Sri Naraboina Nagaraju.
4. As per the instructions of the Tahsildar, Tadipatri, it is clear that assignment was made to the vendors of Sri Nagaboina Naganna on 16.2.1929, i.e., much prior to 1954. Prohibition of alienation of the land assigned to persons was introduced for the first time in the year 1954. Thus there was no restraint on alienation of the properties assigned prior to 1954 by the assignee. As admitted by the Tahsildar, Tadipatri, assignment was made to Chakala Ranganna on 16.2.1929. Therefore title was validly passed on to Sri Naraboina Naganna in the year 1967 and vendors of petitioner are sons of Sri Naraboina naganna who have succeeded to the said property. Thus, the objection raised by the Sub Registrar treating the property as prohibited from alienation and refusing to register the deed of conveyance is erroneous, hence the refusal order dated 30.11.2013 is hereby set aside. Consequently, the Sub Registrar, Tadipatri, Anantapuram district -4th respondent is directed to process the document P.No.50 of 2013 in accordance the Registration Act, 1908, and the Indian Stamp Act, 1899 and release the documents if the same is otherwise in order.
5. Accordingly, the writ petition is disposed of. No costs. Sequel to the same, miscellaneous petitions, if any stand dismissed.
P NAVEEN RAO,J DATE: 05.06.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 3061 of 2014 Date: 5.6.2014