HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 10035 of 2014 Date :20.11.2014 Between :
K Srinivasulu Naidu S/o Venkatasubba Naidu R/o B N Kandriga village and mandal Chittoor district … Petitioner and Joint Sub Registrar, Gudur, Sri Potti Sriramulu Nellore district and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 10035 of 2014 ORDER:
The deed of conveyance with regard to land to an extent of Ac.0.48 cents in survey No. 227/10, Venkatagiri village and mandal, chittoor district was presented before the Joint Sub Registrar, Gudur, Sri Potti Sriramulu Nellore district and Joint Sub Registrar assigned P No. 34 of 2012 to it, however, the said document is not registered and released. Having waited for considerable time hoping that the sub Registrar would release the document, petitioner instituted this writ petition alleging inaction on the part of the Joint Sub Registrar in releasing the document.
2. In the writ affidavit petitioner traced the history of the property.
3. The Sub Registrar filed counter affidavit. He states that he has passed an order of refusal No.2 of 2012 dated 15.12.2012. The reason assigned in the refusal order is that the land which petitioner claims as his own, is classified as ‘Government land’, therefore no alienation can be permitted. It is further stated that the Tahsildar, Venkatagiri addressed letter bearing No.Rc.B456/1996 dated 14.6.2013 to the District Registrar, wherein he has informed the District Registrar that the land in above survey number is patta land. However, the Sub Registrar deposes that since earlier correspondence disclosed it as Government land and as no further steps were taken by informing the same to the Commissioner and Inspector General of Registration and Stamps, A P, Hyderabad, the communication given by the Tahsildar, Venkatagiri is not taken into consideration to treat the property which is subject matter of P No.34 of 2012 as private patta land.
4. Prima facie, the averments made in the counter affidavit would disclose that the property claimed by the petitioner is private land. Even otherwise, as contended by the learned senior counsel appearing for petitioner, no statutory notification is issued prohibiting the property and classifying the same as ‘Government property’.
5. Sri L Ravichander, learned senior counsel appearing for petitioner also produced the statement of encumbrance on the property which discloses several transactions over the subject property.
6. In the circumstances, the respondents 1 and 2 are directed to process document P No. 34 of 2012 in accordance with Registration Act, 1908 and the Indian Stamp Act, 1899, duly taking into account the letter Rc B.No.456/1996 dated 14.6.2013 of Tahsildar, Venkatagiri, and shall register and release the documents in accordance with the due procedure within a period of three weeks from the date of receipt of copy of this order. However, this order does not preclude the Government to assert its title by following due process of law. There shall be no order as to costs.
P NAVEEN RAO,J DATE: 20.11.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 10035 of 2014 Date :20.11.2014