IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2322 of 2014 Between:
D.L.N. Sarma, S/o. Seshagiri Rao, Aged about 52 years, Private Employee, R/o. D.No.14-160, Dowleswaram, E.G. District.
.. Petitioner AND The State of A.P., Rep. by its Principal Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2322 of 2014 ORDER:
The petitioner avers that the land admeasuring 384 square yards out of total extent of 672 square yards in Survey No.84/1, Block No.14, Door No.14-160 of Dowleswaram Village, Rajahmundry Rural, East Godavari District, was purchased by the petitioner along with his brother under a registered Sale Deed vide Document No.618 of 1970 from K. Venkateswara Rao. Thereafter, the brother of the petitioner executed a Relinquishment Deed vide Document No.528 of 1971 in favour of the petitioner and his mother on 09.04.1971, which was also registered. Thereafter, the sister of the petitioner also executed a Relinquishment Deed vide Document No.597 of 2003 in favour of the petitioner on 21.03.2003. The petitioner entered into a Development Agreement with one Saranya Builders for development of the said site into multi-storeyed building. The Development Agreement-cum-General Power of Attorney was registered on 06.08.2012 vide Document No.3809 of 2012. In terms of the Development Agreement, the builder has built ground plus three (G+3) floors consisting of 13 flats. The construction was completed and share of the developer to an extent of nine flats were already sold and the registration of the Sale Deeds was also made. When it came to the petitioner with reference to four flats falling to his share, the petitioner approached the Sub-Registrar, Kadiyam, East Godavari District (2nd respondent), requesting him to furnish the market value particulars, the Sub-Registrar refused to furnish the same holding that the land is classified as Government land and, therefore, cannot be processed for registration. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that when several transactions have taken place for several years and when the petitioner’s family purchased the property in the year 1970, no such objection was raised. The petitioner’s family is in possession and enjoyment of the property all alone. Learned counsel for the petitioner further submits that it is illegal on the part of the Sub-Registrar to act in biased and parochial manner by entertaining registration of the same property to some flats and refusing to entertain registration with reference to other flats.
3. Learned counsel for the petitioner further submits that on information obtained by the petitioner under the Right to Information Act, 2005, from the Sub-Registrar’s Office at Kadiyam, East Godavari District, vide Endorsement, dated 20.01.2014, the Sub-Registrar informed that the land to an extent of Ac. 60.33 in Survey No.84/1 of Dowleswaram Village is classified as Village site, which otherwise means ‘Grama Kantham’. Learned counsel for the petitioner, therefore, submits that when it is classified as ‘Grama Kantham’, it is not prohibited from alienation and it is not a Government land nor land belonging to the Gram Panchayat and it is not prohibited from alienation, it has to be treated as private patta land. The land in a Village if earmarked for the purpose of house sites, the same is classified as ‘Grama Kantham’.
4. In support of his contentions, learned counsel for the petitioner placed reliance on a decision of this Court in W.P.No.1339 of 2014 and batch reported in 2014 (3) ALD 443. After considering the scope of G.O.Ms.No.100, dated 22.02.2014, the provisions of the A.P. Land Encroachment Act, 1905, and a circular issued by the District Collector, Kadapa, this Court held as under:
“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 Gramakantham 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.Nos.159/2 and 162/2 of Salur Municipality, is erroneous.”
5. Following the said decision, the Writ Petition is disposed of directing the Sub-Registrar, Kadiyam, East Godavari District (2nd respondent) to receive and process the Deed of Conveyance concerning residential flats in Survey No.84/1, Block No.14, Door No.14-160 of Dowleswaram Village, Rajahmundry Rural, East Godavari District, as and when presented and process the same in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899, without raising an objection that the land is classified as Government land (Grama Kantham) and release the same, if the document is otherwise in order. 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: 5th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.2322 of 2014 Date: 5th June, 2014 KL