IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34348 of 2014 Between:
Chinna Venkatasubbaiah, S/o. K. Chinna Pullaiah, Aged 42 years, R/o. D.No.8/559, Giddangi Street, Proddatur Town & Mandal, Kadapa District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34348 of 2014 ORDER:
The claim of the petitioner is that he is the owner and in possession of property to an extent of 249.85 square yards in Ward No.3, in Survey No.311, situated at Aravind Asramam Road, Proddatur Town & Municipality, YSR Kadapa District. According to the petitioner, the mother of the petitioner gifted the property to the petitioner on 16.01.2006 vide registered Sale Deed No.284 of 2006. The mother of the petitioner purchased the same on 29.11.1984 from one Mitta Venkateswara Rao on 09.12.1985 vide registered Sale Deed No.6274 of 1985, who in turn purchased the same from one V.N. Seshadri on 29.11.1984. The petitioner intend to dispose of the said property and when the petitioner approached the Sub-Registrar, Proddatur, YSR Kadapa District (5th respondent), vide endorsement, dated 05.11.2014, the Sub-Registrar informed the petitioner that the property in Survey No.311 to an extent of Ac. 14.42 cents is classified as ‘Mangala Inam’ and, therefore, prohibited from alienation.
2. Learned counsel for the petitioner placed reliance on earlier decision of this Court in W.P.No.4085 of 2014 concerning the same survey number.
3. Learned Assistant Government Pleader for Revenue produced written instructions furnished by the Tahsildar, Proddatur Mandal, YSR Kadapa District (3rd respondent), dated 02.12.2014. The Tahsildar admits the extent of land and classification of the land as ‘Mangala Inam’. However, according to the Tahsildar, in the Adangal of the Village against Column Nos.12 and 13, no person’s name is reflected as pattadar and enjoyer. Except making this vague statement, no clear information is furnished by the Tahsildar.
4. As seen from the averments made in the affidavit filed in support of the writ petition and the material papers enclosed to the writ petition and in view of the decision of this Court in W.P.No.4085 of 2014, the Writ Petition is disposed of directing the Sub-Registrar, Proddatur, YSR Kadapa District (5th respondent) to furnish the market value of the property of the petitioner to an extent of 249.85 square yards in Ward No.3, in Survey No.311, situated at Aravind Asramam Road, Proddatur Town & Municipality, YSR Kadapa District, and to receive and process the Deed of Conveyance as and when presented by the petitioner in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. The Sub-Registrar shall register and release the document, if the same is otherwise in order. However, if the Sub-Registrar is of the opinion that the document cannot be registered for any other reason other than treating it as prohibited property on the ground that it is classified as ‘Mangala Inam’, he shall assign due reasons, pass an order and communicate the same to the petitioner under Section 71 of the Registration Act, 1908. In such an event, the petitioner is entitled to work out his remedies. Such exercise shall be completed by the Sub-Registrar within a period of three (3) weeks from the date of presentation of the document. Further, it is open to the Government to assert the title by following due process of law and any registration of Deed of Conveyance does not take away its right to assert title. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 18th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34348 of 2014 Date: 18th December, 2014 KL