IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE TENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38033 of 2014 Between:
Imam Saheb, S/o. Shaik Pakkir Saheb, Muslim, Aged about 52 years, R/o. Banaganapalle, Banaganapalle Mandal, Kurnool District & another .. Petitioners AND The State of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38033 of 2014 ORDER:
The case of the petitioners is that they are the owners and possessors of house bearing No.1/702-2, existing in an extent of 48.55 square yards, in Survey No.169/1B1 of Banaganapalle Village and Mandal, Kurnool District. With an intention to dispose of the said property, when the petitioners approached the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (5th respondent) for issuance of market value certificate, the 5th respondent by his endorsement, dated 20.11.2014, informed the petitioners that no such valuation can be furnished as the property is included in the list of prohibited property published by the District Collector, Kurnool vide letter dated 17.01.2012. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioners submits that the land is classified as private patta land and, therefore, refusal of the Sub-Registrar to furnish market value certificate is erroneous. He further submits that the letter of the District Collector, dated 17.01.2012, prohibiting registration of the said survey number is illegal, without power or jurisdiction.
3. Learned counsel for the petitioners placed reliance on earlier decision of this Court on the same survey number in W.P.No.21576 of 2014.
4. On instructions, the learned Government Pleader represented that as per the village accounts of Banaganapalle, the lands in Survey No.169/1B1 is classified as Gramakantam. He also submitted that the land is not prohibited property. Hence, there is no objection for issuing market value certificate by the registering authorities. In view of the said submission, the writ petition was disposed of directing the Sub-Registrar to furnish the market value.
5. Following the earlier decision, this Writ Petition is also disposed of directing the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (5th respondent) to furnish market value certificate of the property owned by the petitioners and to receive the Deed of Conveyance as and when presented by the petitioners and process the same in accordance with the Registration Act,1908, and the Indian Stamp Act, 1899. If the 5th respondent is of the opinion that the document warrants refusal, he shall pass orders indicating reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1980. 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: 10th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38033 of 2014 Date: 10th December, 2014 KL