HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 35539 of 2014 Date : 15.12.2014 Between :
Smt Gorremuchu Vijayamma W/o late Gorremuchu Sudhakar Rao R/o Srungarapeta, Perala, Chirala mandal, Prakasam district … Petitioner and The State of AP, Rep by its Principal Secretary to Revenue, Stamps and Registration Department, Secretariat , Hyd and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 35539 of 2014 ORDER:
Case of petitioners is that they are owners of land to an extent of Ac.0.97 ½ cents and Ac.0.97 ½ cents in Survey No. 225/1/A, Chirala Revenue village, Chirala mandal, Prakasham district. When petitioners intend to dispose of said property, the Sub Registrar-2nd respondent herein refused to furnish the relevant information and receive the deeds of conveyance. According to petitioners, Sub Registrar raised objection on the ground that two other family members of the petitioners have earlier instituted W P No. 4448 of 2014 alleging that though property was alienable, the Sub Registrar refused to receive and process the document on the ground that it was originally assigned land and this Court by order dated 28.8.2014 held that since assignment was made prior to 1954 there cannot be any restraint on alienation of the said property. Petitioners in W P No. 4448 of 2014 who claim as owners of the same property are impleaded in this writ petition as respondents 3 and 4 by orders dated 1.12.2014 in WPMP No.45624 of 2014.
2. During the pendency of writ petition, petitioners and party respondents 3 and 4 have come to an understanding and accordingly they have filed a memo in this writ petition. Therefore it is the case of petitioners that subject property referred to above is their private owned property and they are entitled to alienate the same and refusal by the Sub Registrar to receive and process the documents is erroneous. However, no proof is filed in support of their assertion that document was presented before the Sub Registrar and same was refused by him. The internal dispute between petitioners and respondents 3 and 4 is entirely different aspect and insofar as Sub Registrar is concerned, whenever deed of conveyance is presented, he shall act as per the provisions of Registration Act, 1908, and the Indian Stamp Act, 1899 and Rules made thereunder for the purpose of processing and registration of the document.
3. Having regard to the fact that there is no proof filed in support of assertion of the petitioners that document is already presented before the Sub Registrar, this writ petition is disposed of without expressing any opinion on the merits of the matter, granting liberty to petitioners to present the deed of conveyance concerning subject property and as and when such document is presented, the Sub Registrar-2nd respondent shall receive and process the same in accordance with provisions of Registration Act, 1908, and the Indian Stamp Act, 1899 and Rules made thereunder. If the Sub Registrar has any reason to reject the document, he shall pass orders duly assigning reasons and communicate the same to petitioners within a period of three weeks from the date of presentation of document by petitioners.
4. Accordingly, writ petition is disposed of. No costs. Having regard to the same, all old miscellaneous petitions are closed.
P NAVEEN RAO,J DATE:15.12.2014. TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 35539 of 2014 Date : 15.12.2014