HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NOs.32647, 32713 of 2013 & 8858 of 2014 Date: 12.06.2014 W.P.No.32647 of 2013 Between:
Ch.Anjaneyulu, S/o.
Late Bramaraiah, Aged about 75 years, r/o.Nagayalanka, Nagayalanka Mandal, Krishna District.
… Petitioner and Government of Andhra Pradesh, rep.by its Secretary, Revenue, Secretariat, Hyderabad and others.
… Respondents.
W.P.No.32713 of 2013 Between: Nerusu Venkateswara Rao s/o. Seshaiah, Aged about 55 years, r/o.Avanigadda, Avanigadda Mandal, Krishna District.
… Petitioner and Government of Andhra Pradesh, rep.by its Secretary, Revenue, Secretariat, Hyderabad and others.
… Respondents.
W.P.No.8858 of 2014 Between: Annapureddy Subrahmanyam, s/o. late Biksham, Aged about 52 years, r/o.Tiruvuru, Tiruvuru Mandal, Krishna District … Petitioner and Government of Andhra Pradesh, rep.by its Secretary, Revenue, Secretariat, Hyderabad and others.
… Respondents.
The Court made the following :
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOs.32647, 32713 of 2013 & 8858 of 2014 COMMON ORDER:
In all these three writ petitions, petitioners claim to be the owners of the small extent of house properties in R.S.No.272/1A of Avanigadda Village and Mandal, Krishna District.
2. As the subject matter in these writ petitions is same, these writ petitions are disposed of by common order with the consent of counsels for the petitioners and the learned Assistant Government Pleader representing respondents.
3. It is the case of the petitioners that when they approached the Sub-Registrar, Avanigadda (2nd respondent) to ascertain the detail of the properties and the market value, the 2nd respondent vide his endorsements dated 21.10.2013, 03.01.2013 and 03.03.2014, respectively, communicated individually to the petitioners, they were informed that the land in Sy.No.272/1A of Avanigadda village is classified as Government land (gramakantam) as informed to the Sub- Registrar by the Tahsildar, Avanigadda in his letter R.C.341/2009, dated 16.08.2010. Aggrieved thereby, these writ petitions are instituted.
4. Learned counsels for the petitioners placed reliance on the decision of this Court in W.P.No.18968 of 2013, which concerns the same survey number.
5. Written instructions were furnished by the Sub-Registrar, Avanigadda to the Government Pleader in the said case disclose that the classification of land as “gramakantam’”. Rejecting the objection against the alienation of the properties on the ground that the land is classified as ‘gramakantam’, this Court granted relief in favour of the petitioner. This Court on an earlier occasion considered the status of the land classified as ‘gramakantam’ in W.P.No.4213 of 2014 after elaborately considering the relevant provisions. This Court held as under:
7. 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 “Grama kantham” 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.No.225/2 of Kondukuru Village, Biccavole Mandal, is erroneous.
6. Thus, merely because the land is described as “gramakantam”, it cannot be classified as Government land and that there is no prohibition from alienation of the lands, which are standing in the name of the parties. Thus, the rejection of the request of the petitioners to furnish market value by the 2nd respondent is erroneous and accordingly, set aside. The Sub-Registrar, Avanigadda, Avanigadda Mandal (2nd respondent) is directed to furnish market value to the petitioners in respect of the properties owned by them in Sy.No.272/1A and receive and process the deeds of conveyance as and when presented by the petitioners in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899 and register and release the same to the petitioners if the documents are otherwise in order.
7. Accordingly, these writ petitions are disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in these writ petitions shall stand closed.
JUSTICE P. NAVEEN RAO Date: 12.06.2014 Kkm HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NOs.32647, 32713 of 2013 & 8858 of 2014 Date: 12.06.2014 kkm