THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27934 of 2014 Dated : 19.09.2014 Between:
G. Marreddy S/o.G. Chinapa Reddy, Aged 57 yrs, R/o.D.No.4-16-143, 1st line, Bharathpet, Amaravathi Road, Guntur & 3 others .. Petitioners And Government of Andhra Pradesh, Rep., by its Joint Secretary, Revenue Department, Secretariat, Hyderabad, & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.27934 of 2014 ORDER :
The case of the petitioners is that one Peddinti Bhavana Charyulu was the original owner of the property in Survey No.63, 64 and 65 of Koritepadu Village, Guntur Rural Mandal, Guntur District. The petitioners 1 to 3 purchased an extent of 614.6/9 Square yards, from the AGPA holder of G. Suguna Kumari and M. Sujatha vide document No.753 of 2007 dated 11.01.2007 in Survey No.63, 64 and 65 of Koritepadu Village, Guntur District and the 4th petitioner purchased an extent of 160 sq yards vide document No.752 of 2007 dated 11.01.2007 and were in possession and enjoyment of the said properties. When the petitioners intend to sell the above properties, the Sub-Registrar, Koritepadu, Guntur, Guntur District (2nd respondent) did not entertain the deed of conveyance on the ground that as per the information furnished by the Tahsildar, Guntur Rural Mandal, Guntur District (3rd respondent), the lands are classified as Endowment properties and therefore, no registration can be entertained.
2. When the matter is taken up, learned counsel for the petitioners as well as learned Government Pleader submit that subject matter of the writ petition is covered by the decision of this Court in W.P.No.25595 and 25638 of 2012 which is followed in W.P.No.10992 of 2014 dated 10.04.2014. The order reads as follows :
“In the light of the observations made by the Division Bench in the above LPA as long back as on 09.07.1976, it is not open to the Endowments department to seek to reopen the issue as to the nature and status of the inam granted by Sri Raja Manuri Venkata Rayanigaru. It is now settled that the said inam was granted to the Archakas alone and not to the temple. This Court also held that the nature of the grant was such that the Archakas were entitled to ryotwari pattas. Neither the temple nor the Endowments department can therefore seek to reopen these issues at this belated stage. As observed supra, the Division Bench in the year 1976 itself stated that it was too late in the day to disturb the findings recorded in the judgment passed in S.A.No.928 of 1963. More than 37 years having passed since then, this concluded issue is now beyond re-examination.
Given the afore-stated facts, it is not open to the registration and the endowments authorities to continue treating the subject lands as endowment property and introduce a prohibition as to registration of documents relating thereto. Admittedly, there is no notification issued under Section 22-A (2) of the Registration Act, 1908 in relation to these lands. Irrespective of the sanctity of the communication by the Endowments department to the Registration department, ostensibly under Section 22-A (1) (c) of the Registration Act, 1908, the irrefutable fact remains that the Endowments department cannot claim these lands to be endowment/temple property.”
3. Learned counsel for the petitioners submits that against the decisions of this Court in W.P.Nos.6653 of 2011, dated 18.03.2011, W.P.No.9245 of 2011, dated 07.04.2011, and W.P.No.25595 of 2012 and batch, dated 26.07.2013, Writ Appeal Nos.1568 and 1569 of 2012 were instituted, but the said Writ Appeals were dismissed as withdrawn by an order, dated 22.02.2013. Learned counsel for the petitioners, therefore, submits that the orders passed by this Court in the above writ petitions have become final.
4. Learned Government Pleader does not dispute the said assertion of the learned counsel for the petitioners.
5. Having regard to the submissions made and following the earlier decisions of this Court, this Writ Petition is also disposed of directing the registration authorities to receive and process the documents presented by the petitioners in respect of the subject lands without reference to the stand of the Endowments department. In the event the documents presented are found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the registration authorities shall complete the registration formalities and release the documents in accordance with the due procedure. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 19th September, 2014 Rds