HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32578 of 2013 Date : 09.06.2014 Between:
K.Lalitha, W/o. Manjunatha, Age:29 years, Occu:Housewife, R/o.Nkere Residency, 3rd Main Road, Puttena Halli, J.P. Nagar 7th Phase, Bangalore, Karnataka State.
.. Petitioner And The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32578 of 2013 ORDER:
Petitioner avers that lands to an extent of Ac.9.32 cents in Sy.No.106-1; Ac.10.02 cents in Sy.No.106-2 and Ac.10.32 cents in Sy.No.106-3 of Mallapalli Village, Gorantla Mandal, Anantapur District, were intended to be purchased by the petitioner, an agreement of sale was entered on 01.11.2013 and when her vendors approached the Sub-Registrar, Chilamathur, Anantapur District (4th respondent), the 4th respondent refused to receive the documents holding that the properties in the above survey numbers are classified as assigned lands and, therefore, cannot be processed for registration. Aggrieved thereby, this writ petition is instituted.
2. On written instructions furnished to the Government Pleader, the Assistant Government Pleader submits that vide proceedings dt.22.03.1930, the land in Sy.Nos.106-1, 106-2 and 106-3 of Mallapalli Village, Gorantla Mandal, Anatapur District were assigned. Sri Chinna Narasappa was assigned Ac.1.50 cents, Kristappa Ac.0.75 cents, Narasamma Ac.4.66 cents and Thippanna Ac.1.50 cents in Sy.No.106-1. Similarly in Sy.No.106-2, Kadirappa was assigned Ac.6.02 cents, Kristappa Ac.0.98 cents, Gangappa Ac.1.00 cents and Narasamma Ac.2.00 cents, total of Ac.10.02 cents were assigned. Similarly, out of total extent of Ac.10.32 cents in Sy.No.106-3, Narasimhappa was assigned Ac.1.20 cents, Kristappa Ac.1.26 cents and M.G.Raghu Ac.7.77 cents. Thus, the instructions furnished would disclose that entire extent of land which is now sought to be purchased by the petitioner was assigned in the year 1930.
3. Learned counsel for the petitioner submits that as the land was assigned much prior to 1954, the successors to the assignees are entitled to alienate the land. The prohibition from alienation of land assigned was introduced for the first time in the year 1954 and since the assignments were made much prior to 1954, there can be no bar for alienation. Learned counsel further submits that without verifying the true facts, only on the ground that the revenue records disclosed the status of land as assigned, the deeds of conveyance sought to be presented by the petitioner and the vendors were not received by the 4th respondent and the same is erroneous.
4. It is not disputed that for the first time restriction on alienation of the land was introduced in the year 1954 and the Act 9 of 1977 applies to all such assignments. As admitted by the respondents, the lands in issue were assigned in the year 1930 and, therefore, these lands are not prohibited from alienation.
5. Thus, the decision of the Sub-Registrar in refusing to entertain the deeds of conveyance is illegal. Consequently, the Sub-Registrar, Chilamathur, Anantapur District (4th respondent) is directed to receive and process the deeds of conveyance as and when presented concerning the lands in Sy.No.106-1 to an extent of Ac.9.32 cents; Sy.No.106-2 to an extent of Ac.10.02 cents and Sy.No.106-3 to an extent of Ac.10.32 cents of Mallapalli village, Gorantla Mandal, Anatapur District, in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899 and register and release the documents to the petitioner if the same are otherwise in order. There shall be no order as to costs.
Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 09.06.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32578 of 2013 Date: 09.06.2014 Kkm