HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32579 of 2013 Date: 09.06.2014 Between :
K.Lalitha, w/o. Manjunatha, Age:29 yrs, Occu:Housewife, r/o.Nkere Residency, 3rd Main Road, Puttena Halli, J.P.Nagar 7th Phase, Bangalore, Karnataka State.
and The Government of Andhra Pradesh, Rep.by its Prl.Secretary, Revenue Department, Secretariat, Hyderabad and others.
… Petitioner … Respondents The Court made the following:
ORDER:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.32579 of 2013 The case of the petitioner is that, the successors of the assignees possessing the land to an extent of Ac.5.92 cents in Sy.No.74-1, Ac.7.53 cents in Sy.No.74-2, Ac.3.75 cents in Sy.No.75-1, Ac.1.96 cents in Sy.No.75-2, Ac.1.23 cents in Sy.No.75-3, Ac.1.24 cents in Sy.No.75-4, Ac.1.36 cents in Sy.No.75-5, Ac.1.25 cents in Sy.No.75-6, Ac.1.19 cents in Sy.No.75-7, Ac.1.43 cents in Sy.No.75-8, Ac.1.15 cents in Sy.No.75-9 and Ac.3.81 cents in Sy.No.75-10 of Mallipalli Village, Gorantla Mandal, Anantapur District, offered to sell and the petitioner agreed to purchase the above properties. An agreement of sale was entered into on 01.11.2013. Consequently, petitioner and the vendors approached the Sub-Registrar, Chilamathur, Anantapur District (4th respondent) for registration of deeds of conveyance. But, the 4th respondent refused to receive the same on the ground that the lands in the above survey numbers are classified as assigned lands.
2. Written instructions are furnished by the Tahsildar, Gorantala Mandal to the Government Pleader. Based on the written instructions, learned Assistant Government Pleader submits that land to an extent of Ac.5.92 cents in Sy.No.74-1, Ac.7.53 cents in Sy.No.74-2 were assigned by order dated 06.11.1929 in the names of Narayanamma (Ac.1.58 cents), Gangalamma (Ac.1.39 cents), Sanjappa (Ac.1.65 cents) in Sy.No.74-1; Harijana Pedda Narasappa (Ac.3.27 cents), Harijana Chinna Narasappa (Ac.3.26 cents), Kristappa (Ac.1.00 cents) in Sy.No.74-2. Lands in Sy.Nos.75-2 to 75-12 were assigned vide Proceedings D.A.1292/38, dated 30.06.1929 in the names of Kristappa (Ac.0.36 cents), Narasimhappa (Ac.0.41 cents), Gangadharamma (Ac.0.23 cents), Govindappa (Ac.0.41 cents), Gangappa (Ac.0.41 cents) in Sy.No.75-2; Narasimhappa (Ac.0.23 cents), Gangaratnamma (Ac.0.23 cents), Govindappa (Ac.0.22 cents), Gangappa (Ac.0.11 cents) in Sy.No.75-3; Gangappa (Ac.0.79 cents) in Sy.No.75-4; Ganganna (Ac.0.22 cents), Narayanappa (Ac.0.22 cents), Muneppa (Ac.0.22 cents) in Sy.No.75-5; Ramanamurthy (Ac.0.62 cents), Narasimhappa (Ac.0.22 cents) in Sy.No.75-6; G.Gangappa (Ac.1.17 cents) in Sy.No.75-7; Harijana Babanna (Ac.1.43 cents) in Sy.No.75-8; Ganganna (Ac.1.00 cents), R.Adimurthy (Ac.0.15 cents) in Sy.No.75-9; and Ganga Ratnamma (Ac.0.38 cents), Narayanappa (Ac.1.50 cents) in Sy.No.75-10. Thus, the instructions furnished would disclose that entire extent of lands which are now sought to be purchased by the petitioner were assigned in the year 1929.
3. Learned counsel for the petitioner submits that as the lands were 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 from 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 1929 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 to an extent of Ac.5.92 cents in Sy.No.74-1, Ac.7.53 cents in Sy.No.74-2, Ac.1.96 cents in Sy.No.75-2, Ac.1.23 cents in Sy.No.75-3, Ac.1.24 cents in Sy.No.75-4, Ac.1.36 cents in Sy.No.75-5, Ac.1.25 cents in Sy.No.75-6, Ac.1.19 cents in Sy.No.75-7, Ac.1.43 cents in Sy.No.75-8, Ac.1.15 cents in Sy.No.75-9 and Ac.3.81 cents in Sy.No.75-10 of Mallapalli Village, Gorantla Mandal, Anantapur 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.
6. Accordingly, the writ petition is disposed of. 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.32579 of 2013 Date: 09-06-2014 kkm