THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35917 of 2014 Dated : 26.11.2014 Between:
Esari Bala Gangudu S/o.Pedda Ganganna, Hindu, aged about 48 yrs, R/o.Banaganapalle Village and Mandal, Kurnool District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its Secretary, Revenue Department(Stamps and Registration), A.P.Secretariat, Hyderabad & 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35917 of 2014 ORDER :
The case of the petitioner is that the petitioner is the absolute owner and possessor of house bearing No.16/299, admeasuring 92.57 square yards, in Survey No.81/1A1, Bhanumukkala Village, Banaganapalle Mandal, Kurnool District. Due to personal needs, petitioner intend to dispose of the said property. He submitted an application on 18.11.2014 to the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (5th respondent) for the purpose of Market Value Certificate. The 5th respondent instead of issuing Market Value Certificate, issued proceedings, dated 18.11.2014, stating that the property covered by Survey No.81/1A1 of Bhanumukkala Village is prohibited property. Aggrieved thereby, this writ petition is instituted.
2. The petitioner placed reliance on the decision of this Court in W.P.No.17917 of 2013 concerning the same survey number. This Court disposed of the Writ Petition after hearing the learned Government Pleader, who submitted instructions furnished by the Tahsildar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (4th respondent). It is represented on behalf of the Government that the land is noted as poramboke (gramakantam) in the Re-survey and Settlement Register (RSR) of Bhanumukkala Village and, therefore, cannot be registered. The said objection was over ruled in the above judgment. This Court held as under:
“that mere communication that the subject land is a gramakantam as per the revenue record has no real consequence. In the event there is a little dispute with regard to such land, the Government would necessarily have to assert and establish its title before the competent forum in accordance with law. It cannot unilaterally prohibit registration of documents in respect of such land basing on such revenue entries”.
3. Learned Assistant Government Pleader agrees that the subject matter of this writ petition is similar to the earlier decision of this Court in W.P.No.17917 of 2013.
4. For the reasons alike, this Writ Petition is also disposed of directing the Sub-Registrar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (5th respondent) to receive and process the document presented by the petitioner in respect of the house bearing No.16/299 in an extent of 92.57 square yards, in Survey No.81/1A1, situated at Bhanumukkala Village, Banaganapalle Mandal, Kurnool District, without reference to the entries in the revenue records. In the event the document presented is found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the 5th respondent shall complete the registration formalities and release the document in accordance with the due procedure. 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 26th November, 2014
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