HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 29344 of 2013 Date: 18.6. 2014 Between :
K.Praveen Kumar Reddy S/o K Bala Rami Reddy R/o Karnapapaiah Palli, Lingala mandal, Y S R district and another and The Govt of A P Rep by its District Collector, YSR district and another … Petitioners … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 29344 of 2013 ORDER:
Petitioners claim to own land to an extent of AC.0.50 cents in Survey No. 512/3, Pulivendula village fields, Pulivendula mandal, Y.S.R. district through an unregistered sale deed dated 31.8.2011. Petitioners contend that vendors of petitioners purchased the said land by registered sale deed document No. 1234 of 1994 dated 6.6.1994. Petitioners trace the history of passing of title. According to petitioners, the first transaction took place on 6.7.1940. According to the revenue records as furnished to the petitioners, Bathala Nagalingaiah claims to have purchased the said land vide document No. 1844 of 1946 from Vennapusa Gangi Reddy and children of Nagalingaiah sold the same property by way of registered sale deed bearing No. 1610 of 1993 dated 14.9.1993, from whom the vendor of petitioners purchased the said land, therefore submits that it is a private patta land and refusal to receive the deed of conveyance presented by the petitioner is illegal. On instructions, learned Government Pleader submits that according to revenue records, land is described as assigned to Bathula Nagalingaiah. The instructions are not clear as to when such assignment is made, however, deeds of conveyances as disclosed in the encumbrance certificate furnished to the petitioner show that Bathula Narayana (sic Nagalingaiah) purchased the said property in the year 1946. Either way, ownership of Nagalingaiah is traced to period prior to 1954, and therefore, even assuming that land is assigned to Nagalingaiah, as such assignment was stated to have been made prior to 1954, there can be no restraint on alienation of the property.
2. Prima facie, the document filed in the writ petition and the encumbrance certificate produced by the learned counsel for petitioners today, would disclose that there were sale transactions much prior to 1954 and continuous possession and enjoyment of vendors of petitioners is not denied. Thus, presumption is in favour of holding that the petitioners have valid title and there is no restraint on alienation of the property. Further more, apparently, no notification was issued in exercise of power under Section 22- A of the Registration Act, prohibiting registration of the properties. Thus, in the absence of notification under Section 22-A and in view of the continuous sale transactions, possession and enjoyment, the refusal of the documents for registration by the registering authority is erroneous. Merely because some revenue records disclose the land as assigned without proper material on record, the Sub Registrar could not have refused to receive the deed of conveyance presented by the petitioners.
In the facts of this case, the action of the Sub Registrar in refusing to receive the deeds of conveyance is illegal and consequently, he is directed to receive the deeds of conveyance as and when presented, relating to land admeasuring AC.0.50 cents in Survey No. 512/3, Pulivendula village fields, Pulivendula mandal, Y.S.R. district, process the same in accordance with Registration Act, 1908, and the Indian Stamp Act, 1899 and release the deeds of conveyance, if otherwise in order. Further, it is made clear that this order does not preclude the State from establishing its title by due process of law.
3. Accordingly, the writ petition is disposed of. No costs. Sequel to the same, miscellaneous petitions, if any stand dismissed.
P NAVEEN RAO,J DATE:18.6.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 29344 of 2013 Date: 18.6. 2014