HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.23740, 23744, 23745, 23746, 23747, 23748, 23749, 23750, 23751 & 23752 of 2014 Date :21.08.2014 W.P.No.23740 of 2014 :
Between:
K. Durga Prasad, S/o. Venkata Raju, Aged 30 years, Kolakatla Veedhi, Salur Municipality, Vizianagaram District AND The State of Andhra Pradesh, rep., by the District Collector, Vizianagaram District & 3 others W.P.No.23744 of 2014 :
.. Petitioner .. Respondents Between:
Vasanthala Krishna Veni D/o. Venkata Ramana (late), Aged 45 years, R/o.Salur, Salur Municipality, Vizianagaram District AND The State of Andhra Pradesh, rep., by the District Collector, Vizianagaram District & 3 others .. Petitioner .. Respondents W.P.No.23745 of 2014 :
Between:
K. Satyanand Patnaik, S/o. K.G.S.Pandya (late), Aged 53 years, Sangeeta Patasala, Salur Municipality, Vizianagaram District AND The State of Andhra Pradesh, rep., by the District Collector, Vizianagaram District & 3 others W.P.No.23746 of 2014 :
.. Petitioner .. Respondents Between:
Douluri Prasada Rao S/o.Bhaskara Rao (late), Aged 55 years, Salur Municipality, Vizianagaram District W.P.No.23747 of 2014 :
Between:
P. Lakshmi W/o. Rama Rao (late), Aged 65 years, R/o.Vaddi Veedhi, Salur, Vizianagaram District AND The State of Andhra Pradesh, rep., by the District Collector, Vizianagaram District & 3 others W.P.No.23748 of 2014 :
.. Petitioner .. Respondents Between:
Nagole Venkata Ratnam W/o.Satyanarayana, Aged 50 years, R/o.Chebrolu Veedhi, Salur, Vizianagaram District AND The State of Andhra Pradesh, rep., by the District Collector, Vizianagaram District & 3 others W.P.No.23749 of 2014 :
.. Petitioner .. Respondents Between:
B. Appalanarasamma W/o.Satyanarayana (late), Aged 65 years, R/o.Kaikala Veedhi, Salur, Vizianagaram District AND The State of Andhra Pradesh, rep., by the District Collector, Vizianagaram District & 3 others W.P.No.23750 of 2014 :
.. Petitioner .. Respondents Between:
Karri Nookaraju, S/o. Appa Rao, Aged 45 years, R/o.Kota Veedhi, Salur, Vizianagaram District W.P.No.23751 of 2014 :
Between:
V. Narayana Rao, S/o.Sri Ramamurthy, Aged 30 years, R/o.T. Kothavalasa, Thonam Mandal, Vizianagaram District AND The State of Andhra Pradesh, rep., by the .. Petitioner District Collector, Vizianagaram District & 3 others W.P.No.23752 of 2014 :
.. Respondents Between:
J. Jayanthi Rani, W/o. B. Roy Jana Dev, Aged 30 years, Kota Veedhi, Salur Municipality, Vizianagaram District AND The State of Andhra Pradesh, rep., by the District Collector, Vizianagaram District & 3 others .. Petitioner .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.23740, 23744, 23745, 23746, 23747, 23748, 23749, 23750, 23751 & 23752 of 2014 COMMON ORDER:
The case of the petitioners in all these writ petitions is that they own different extent of properties in Survey Nos.159/2 and 162/2 respectively. The petitioners with an intention to dispose of the properties entered into an agreement of sale and received substantial amount of sale consideration. Accordingly, deeds of conveyance were drafted and when the petitioners approached the Sub-Registrar, Salur, Vizianagaram District (2nd respondent), requesting him to furnish market value and permit them to present the deeds of conveyance, the 2nd respondent refused to receive and process the same on the ground that the lands are classified as ‘Poromboke’ and cannot be permitted for alienation as per the communication furnished by the revenue authorities.
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 these writ petitions are 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. Following the earlier decision of this Court concerning Survey Nos.159/2 and 162/2, falling within the Sallur Municipal Limits, these writ petitions are also disposed of directing the Sub- Registrar (2nd respondent) to furnish market value concerning the properties claimed to have owned by the petitioners respectively, in Survey Nos.159/2 and 162/2 respectively of Salur Municipality and to receive and process the deeds of conveyance, as and when presented by the petitioners, in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899, without raising the objection that the land is classified as Government land. The Sub-Registrar, shall complete registration formalities, if the documents are otherwise, in order and release the same. If the Sub-Registrar, has any other valid reason for not entertaining the documents, he shall pass a reasoned order and communicate the same to the parties. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.
P.NAVEEN RAO, J 21st August, 2014
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