THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32332 of 2014 Dated : 08.12.2014 Between:
E. Gopala Krishna S/o.Late Adisesaiah Setty, Aged about 54 yrs, R/o.D.No.40/582-1B1, Dharmapeta, Kurnool Town, Kurnool District And The State of Andhra Pradesh, Rep., by its Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 4 others .. Petitioner .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32332 of 2014 ORDER :
The petitioner claims to be the absolute owner of property to an extent of 337.77 Square yards and 502.66 Square yards in old Survey No.13/6 and new Survey No.14/6, Roja Village, Kallur Mandal, Kurnool District and is in possession and enjoyment of the same. The petitioner intend to dispose of the said property and when approached the Sub-Registrar, Kallur, Kurnool District (4th respondent), the 4th respondent informed the petitioner that in view of the letter of the District Collector, Kurnool, bearing Rc.E8/2262/2002 dated 17.08.2002, no document can be received and processed as the said property is classified as belonging to Wakf Board.
2. Learned Counsel for the petitioner contends that the said letter of the District Collector was subject matter of W.P.No.22341 of 2003 and this Court observed that no such letter could have been issued by the District Collector and consequential relief was granted.
3. As fairly submitted by the learned counsel for the petitioner, so far there is no proof of presentation of the document.
4. Having regard to the above circumstances, the writ petition is disposed of granting liberty to the petitioner to present the deed of conveyance on the above stated property and as and when the same is presented before the Sub- Registrar, the Sub-Registrar shall receive and process the same in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the Sub-Registrar is not agreeable for registration of the document, he shall assign reasons in support of his decision and communicate the same to the petitioner. Such exercise should be completed within a period of three weeks from the date of presentation of the document. If the petitioner is aggrieved by any such decision, it is open to him to work out his remedies. It is also made clear that if there is no impediment in registering the document, the Sub-Registrar, shall take steps to register and release the document. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 8th December, 2014 Rds