HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 32587 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.32587 of 2013 ORDER:
Petitioner avers that land to an extent of Ac.0.93 cents in Sy.No.97-1; Ac.4.50 cents in Sy.No.99-1; Ac.9.05 cents in Sy.No.99-2; Ac.3.06 cents in Sy.No.103-1A; Ac.1.18 cents in Sy.No.103-1B1, Ac.1.30 cents in Sy.No.103-1B2; Ac.1.70 cents in Sy.No.103-1B3; Ac.5.64 cents in Sy.No.104-1 and Ac.3.69 cents in Sy.No.104-2 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 insofar as the land in Sy.No.97-1 to an extent of Ac.0.93 cents of Mallapalli village was assigned in the year 1929; land to an extent of Ac.4.50 cents in Sy.No.99-1 was assigned in the year 1923. With reference to other land survey numbers, the instructions furnished are not clear. The land in Sy.No.103-1A to an extent of Ac.3.06 cents and in Sy.No.103-1B1 to an extent of Ac.1.18 cents was assigned by D.A.R.Dis.No.1292/38 to Bochu Chowdigadi Narsigadu, Purrappagari and Narsigadu Kavali Sajjappa. The land to an extent of Ac.5.64 cents in Sy.No.104-1 was assigned vide D.A.R.Dis.No.1935/1938. Insofar as land in Sy.No.99- 2 to an extent of Ac.9.50 cents, is classified as tankbed poramboke and land in Sy.No.103-1B2 to an extent of Ac.1.30 cents and land in Sy.No.103-1B3 to an extent of Ac.1.70 cents was assigned on 18.06.1954. Insofar as the land in Sy.No.104-2 to an extent of Ac.0.901 cents, the assignment file was not traced out.
3. Learned Assistant Government Pleader submits that since the assignment numbers are clear insofar as Sy.Nos.97-1, 99-1, 103-1A, 103-1B1, 104-1 and the said assignments were made much prior to 1954 there can be no objection for granting relief. Insofar as other lands are concerned, it is necessary to file a detailed counter-affidavit. At this stage, learned counsel for the petitioner submits that he intends to withdraw the writ petition insofar as the claim for the lands in Sy.Nos.99-2,103-1B2, 103-1B3 and 104-2 of Mallapalli village are concerned with liberty to prosecute other remedies.
4. Having regard to the submissions made, the writ petition is disposed of directing the Sub-Registrar, Chilamathur, Anantapur District (4th respondent) to receive and process the deeds of conveyance as and when presented insofar as the lands in Sy.No.97-1 to an extent of Ac.0.93 cents, Sy.No.99-1 to an extent of Ac.4.50 cents, Sy.No.103-1A to an extent of Ac.3.06 cents, Sy.No.103-1B1 to an extent of Ac.1.18 cents and Sy.No.104-1 to an extent of Ac.5.64 cents of Mallapalli Village, 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.
5. The writ petition is dismissed insofar as the claim for the lands in Sy.Nos.99-2, 103-1B2, 103-1B3 and 104-2 of Mallapalli village. Liberty is given to the petitioner to file writ petition afresh raising new grounds with reference to the ownership and entitlement of the persons who are claiming to be in possession and enjoyment of lands in the said survey numbers.
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.32587 of 2013 Date: 09.06.2014 Kkm