HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.36885 OF 2013 Date: 25.04.2014 Between :
Jampugumpula Venkatanarayana s/o. Venkatappa, Aged about 70 years, r/o.Gantapuram Village, Bathalapalli Mandal, Anantapur District and others.
… Petitioners and The Government of Andhra Pradesh, rep.by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.36885 OF 2013 ORDER:
Petitioners state the history of the transfer of the property from 1956. Apparently 1st petitioner and J.Venkata Naidu purchased the land to an extent of Ac.0.40 cents out of Ac.1.53 cents in Sy.No.134-1B in the year 1991 from the person by name, Rangamma, who succeeded the same from her mother-Gattu Mangamma. In the partition among the 1st petitioner and J.Venkata Naidu, the said property was fallen to the share of the 1st petitioner. In the year 1998 there was a partition among the family members and after the partition, the land to an extent of Ac.5.46 cents in Sy.No.411-2A and Ac.0.40 cents in Sy.No.134-1B 2 was fallen to the share of the 1st petitioner; Ac.7.03 cents of land in Sy.No.576-1 fallen to the share of the 2nd petitioner; Ac.7.00 cents of land in Sy.No.576-2 fallen to the share of 3rd petitioner and Ac.7.00 cents of land in Sy.No.576-3 fallen to the 4th petitioner. For personal necessities, petitioners wanted to dispose of the said property and when they approached the Sub-Registrar, Dharmavaram Mandal, Anantapur District (5th respondent) to furnish market value certificate, the 5th respondent refused to receive and entertain the documents on the ground that the property is assigned land and insisted for No Objection Certificate from the revenue authorities. Immediately petitioners approached t h e Tahasildar, Bathalapalli Mandal, and the Tahasildar made an endorsement dated 08.01.2014 certifying that the land mentioned therein are patta lands and the person names shown against column no.5 are the pattadars.
2. Learned counsel for the petitioners, therefore, submits that since the land is classified as patta land, petitioners being the owners of the land, the action of the Sub-Registrar in not entertaining the document is illegal.
3. Learned Assistant Government Pleader, on instructions, submits that no document is presented before the Sub-Registrar and if document is presented before the Sub-Registrar with all relevant supporting documents, the Sub-Registrar shall verify and process the deed of conveyance.
4. Having regard to the submissions, the writ petition is disposed of giving liberty to the petitioners to present deeds of conveyance to the extent of the land owned by each of them and petitioners should also enclose the relevant documents including the endorsement of Tahasildar, Bathalapalli dated 8.1.2014. On receipt of such documents and relevant material in support of the claim of the petitioners that they are the pattadars of the land, the Sub-Registrar, Dharmavaram Mandal, Anantapur District (5th respondent) shall take into consideration the documents and process the deeds of conveyance in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. If the 5th respondent is of the opinion that the documents presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the parties in accordance with Section 71 of the Registration Act, 1908. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in this writ petition shall stand closed.
JUSTICE P. NAVEEN RAO Date: 25.04.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.36885 OF 2013 Date: 25-04-2014 kkm