HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29771, 29772 & 29777 of 2014 Date :07.10.2014 W.P.No.29771 of 2014 Between:
I. Venkata Sivaiah, S/o. Venkata Sivaiah, Aged about 45 yrs, R/o.H.No.12/158, Banumukkala Village, Banaganapalle Mandal, Kurnool District & another .. Petitioners AND The Sub-Registrar, Banaganapalle, Kurnool District & 3 others W.P.No.29772 of 2014 .. Respondents Between:
Gounda Sadak Hussain, S/o. G. Abbas, Aged about 40 yrs, R/o.D.No.14-71, Konda Peta, Banaganapalle Village, Kurnool District .. Petitioner AND The Sub-Registrar, Banaganapalle, Kurnool District & 3 others W.P.No.29777 of 2014 .. Respondents Between:
S. Mahaboob Bee, W/o. S.Kareem Sa, Aged about 55 yrs, R/o.12/54, Banumukkala Village, Banaganapalle Mandal, Kurnool District .. Petitioner AND The Sub-Registrar, Banaganapalle, Kurnool District & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29771, 29772 & 29777 of 2014 COMMON ORDER:
The case of the petitioners is that they are the absolute owners of the house bearing No.12/158, admeasuring 488 Square Yards, in Survey No.81/1A1, house bearing D.No.14- 71, Kondapeta, admeasuring 17.11 Square yards, in Survey No.81/1A1, house bearing No.12/54, admeasuring 135 Square yards, in Survey No.81/1A1, of Bhanumukkala Village, Kurnool District. Due to personal needs, petitioners intend to dispose of the said properties and approached the Sub-Registrar, Banaganapalle, Kurnool District (1st respondent) for the purpose of Market Value Certificate. The 1st respondent furnished the Market Value Certificate and further issued endorsement in Annexure-II dated 25.08.2014 and 19.09.2014 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 petitioners placed reliance on the decision of this Court in W.P.No.176 of 2014 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. 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. For the reasons alike, this Writ Petition is also disposed of directing the Sub-Registrar, Banaganapalle, Kurnool District (1st respondent) to receive and process the documents presented by the petitioners in respect of the house bearing No.12/158, admeasuring 488 Square Yards, in Survey No.81/1A1, house bearing D.No.14-71, Kondapeta, admeasuring 17.11 Square yards, in Survey No.81/1A1, house bearing No.12/54, admeasuring 135 Square yards, in Survey No.81/1A1, Bhanumukkala Village, Kurnool District, without reference to the entries in the revenue records. In the event the documents presented are found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the 1st respondent shall complete the registration formalities and release the documents in accordance with the due procedure. There shall be no order as to costs.
4. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J 07th August, 2014
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