THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36090 of 2014 Dated : 26.11.2014 Between:
Indupuri Satyanarayana Murthy, S/o.Late Chandra Rao, Aged about 48 yrs, R/o.Pedakomatipeta Street, Salur, Vizianagaram District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36090 of 2014 ORDER :
The petitioner claims that he is the owner and in possession of house property bearing D.No.14-91, Municipal Assessment No.1092003168, situated in Ward No.3 (Old Ward No.6), Town Survey No.159/2, south side of the Pedakomatipeta Road, Salur Village, Salur Municipality, Vizianagaram District. The petitioner purchased the said property by registered sale deed dated 16.10.2009. The petitioner intend to mortgage the said property for the purpose of obtaining loan from the Bank and intended to register the mortgage deed and when approached the Sub-Registrar, Salur, Vizianagaram District (2nd respondent), the 2nd respondent refused to furnish information regarding market value and stamp duty payable, on the ground that the property is classified as Government land and is prohibited from alienation. Aggrieved thereby this writ petition is instituted.
2. When the matter is taken up for consideration, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for Municipality, represented that the subject matter of this writ petition is covered by the decision of this Court rendered in W.P.No.1339 of 2014 and batch.
3. In W.P.No.1339 of 2014 and batch, after construing the provisions in Section 2(1) of the A.P. Land Encroachment Act, 1905, the proceedings issued by the District Collector, Kadapa in Circular Reference No.E3/1291/2007, dated 29.04.2007, G.O.Ms.100, dated 22.02.2014, and earlier decision of this Court in W.P.No.23634 of 2012 and batch, this Court held as under :
“As evident from the Circular of the District Collector, Kadapa, and the Orders of the Government in G.O.Ms.No.100 dated 22.02.2014, the lands classified as Gramakantham are not the Government lands and that there is no restraint for alienation of the said properties. Thus, the decision of the Sub-Registrar in refusing to entertain the deed of conveyance concerning the properties in Sy.Nos.159/2 and 162/2 of Salur Municipality is erroneous.”
4. Having regard to the submissions made, the Writ Petition is disposed of directing the 2nd respondent to receive the Mortgage deed as and when presented by the petitioner on the above property and register the same if the document is otherwise in order and release the same to the petitioner. If the Sub-Registrar, has any other valid reason for not entertaining the document, he shall pass a reasoned order and communicate the same to the party. There shall be no order as to costs.
5. As a sequel, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO,J 26th November, 2014
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