IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38110 of 2013 Between:
Godi Ravikumar Reddy, S/o. Ramakrishna Reddy, Aged about 34 years, 159/2RT, Vijay Nagar Colony, Hyderabad City, A.P.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad, A.P. & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38110 of 2013 ORDER:
The case of the petitioner is that the petitioner is the owner of house property bearing old D.No.8/78-A, present D.Nos.5-1-28 to 5-1-28/2, to an extent of 242 square yards, in Survey No.832/6, situated at Madakalavaripalle Village, Gopavaram Mandal, Badvel Municipality, YSR Kadapa District. The petitioner traces the history of passing on the title to him. When the petitioner intend to sell the property and approached the Sub-Registrar, Badvel, YSR Kadapa District (5th respondent), the Sub-Registrar refused to entertain any request on the ground that the property is treated as an assigned land. Aggrieved thereby, this writ petition is instituted.
2. The 5th respondent filed counter affidavit. It is the assertion of the 5th respondent that no document is presented for processing and, therefore, without presenting the document, no claim can be made by the petitioner. However, the Sub-Collector/Revenue Divisional Officer, Rajampet, YSR Kadapa District (3rd respondent) also asserts that the land is classified as assigned land as informed by the revenue authorities.
3. Be that as it may, since the petitioner has not presented the document, the petitioner now seeks to present the document before the Sub-Registrar, Badvel, YSR Kadapa District (5th respondent). Liberty is granted to the petitioner to present the Deed of Conveyance and as and when such a Deed is presented before the Sub-Registrar, the Sub-Registrar shall receive and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, and after scrutinizing the document, if the Sub-Registrar entertains any doubts for registration, he shall communicate the reasons for not accepting the document and furnish the reasons to the petitioner. The Sub- Registrar shall take a decision and communicate the reasons to the petitioner within a period of two (2) weeks from the date of presentation of the document.
4. With the above observations, the Writ Petition is disposed of. 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: 28th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38110 of 2013 Date: 28th April, 2014 KL