THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.20642 of 2014 Dated : 04.08.2014 Between:
Erra Laxmi, W/o.Late Shankaraiah, 53 yrs, Occu : Housewife, R/o.H.No.1-4-62, Mahabubabad Village and Mandal, Warangal District & others .. Petitioners And The Government of Telangana, Rep., by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & others .. Respondents This Court made the following :
THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.20642 of 2014 ORDER :
With the consent of learned counsel for the petitioners and learned Government Pleader, this writ petition is disposed of at the admission stage.
2. The case of the petitioners is that the father-in-law of the 1st petitioner and grand father of 2nd and 3rd petitioners, was the owner of the land to an extent of Ac.1.35 guntas in Survey No.281/3 of Gummudur revenue village, Mahabubabad Mandal, Warangal District. The said land stands in the name of father-in-law of the 1st petitioner right from the year 1950. The pahanies were issued from the year 1955 till date and all along the names of the family members disclose in the said pahanies. Hence private patta land is in possession and occupation of the family members of the petitioners.
3. The husband of the 1st petitioner was the only son of late Erra Buchaiah and after his demise the husband of the 1st petitioner succeeded to the property, property was mutated in the name of her husband; pattedar pass book and title deeds were also issued on 20.08.2010. The husband of the 1st petitioner died on 17.02.2011 and thereafter the petitioners are in possession and enjoyment of the said property. The petitioners entered into an agreement of sale to sell the property and after having received the sale consideration, deed of conveyance was drawn and presented before the Sub-Registrar (3rd respondent). Vide refusal order No.03/2014 dated 27.06.2014 the 3rd respondent refused to register the deed of conveyance on the ground that the land was included in the list of prohibited properties furnished by the revenue authorities. Aggrieved thereby this writ petition is instituted.
4. Learned counsel for the petitioners submits that the father-in-law of the 1st petitioner Erra Buchaiah was the owner of the property and after his demise, it devolved upon the husband of the 1st petitioner and now, the petitioners are in possession and enjoyment of private patta land. Therefore, the decision of the 3rd respondent in refusing to register the deed of conveyance was illegal. The description of the land as prohibited property is also illegal. Even assuming that land is an assigned land, any assignment made prior to 1958 is not prohibited from alienation and therefore, the inclusion of the property in the prohibited list and refusing the transaction is illegal.
5. Learned Government Pleader produced written instructions dated 02.07.2014 furnished to him by the District Collector, Warangal. The letter of the District Collector, Warangal, affirms that as per the revenue records, land to an extent of Ac.5.35 guntas in Survey No.281/3 was shown as assigned to Yerra Buchaiah, prior to 1958.
6. It is settled principle of law that any assignment made prior to 1958 was not prohibited and no restriction was imposed on the assignees. Such restriction was introduced for the first time in the year 1958 and therefore, even if the land is assigned much prior to 1958, there is no prohibition for alienating the same. Thus, even assuming the stand of the respondent/Department is correct, that it is not a private patta land, but the land was assigned to late Yerra Buchaiah, when such an assignment was made prior to 1958 there is no restriction of alienation of land and therefore, the refusal of the Sub-Registrar in registering the document on the ground that it was included in the prohibited list was erroneous. It is also relevant to appreciate that the petitioners have been in possession and enjoyment of this property for the last more than 60 years, and the husband of the 1st petitioner was issued pattedar pass book and title deeds and that the land was also mutated. Thus, the objection raised by the Sub- Registrar in refusing to entertain the document to register is set aside.
7. Accordingly, the writ petition is allowed setting aside the Refusal order No.03/2014 and the Sub-Registrar, Mahabubabad, is directed to process the deed of conveyance for registration in accordance with Indian Registration Act, 1908 and the Indian Stamp Act, 1899 and if the document is otherwise in order, register and return the same within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
The Miscellaneous petitions pending if any, in this writ petition shall stand closed.
P. NAVEEN RAO, J
4th August, 2014
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