IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34234 of 2014 Between:
K.V. Rathnam, S/o. K.V. Ramana, Aged 38 years, R/o. D.No.26/923-37-1-1-3, Mittamadi Street, Proddatur Post & Mandal, Kadapa District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34234 of 2014 ORDER:
The petitioner claims to be the absolute owner and in possession of house property to an extent of 242.5 square yards, bearing H.No.26-923/37/1/1/3, in Ward No.26, Survey No.317, situated at Rameswaram Village Fields, Proddatur Town & Municipality, YSR Kadapa District. According to the petitioner, the house property was purchased by the petitioner from one Prabakar Reddy on 18.05.2006 vide registered Sale Deed No.3151 of 2006. Prabakar Reddy in turn purchased the same from one Marthala Narasimha Reddy and Pathakota Gurivi Reddy on 21.06.1985 vide registered Sale Deed No.3036 of 1985. The petitioner intend to dispose of the said property and when the petitioner approached the Sub-Registrar, Proddatur, YSR Kadapa District (5th respondent), vide endorsement, dated 31.10.2014, the Sub-Registrar informed the petitioner that the property in Survey No.317 to an extent of Ac. 4.67 cents is classified as ‘Chakali Inam’ as per the letter of the District Collector, dated Kadapa, vide Reference No.POT Cell/1392/2008, dated 17.02.2010, and, therefore, prohibited from alienation.
2. According to the learned counsel for the petitioner when an inam granted as service inam, there is no restraint on alienation of the properties. The issue of alienation of properties which are classified as inam such as ‘Chakali Inam’, ‘Mangala Inam’ was considered by this Court in several decisions. In W.P.No.15169 of 2009, the issue for consideration was inam granted to a ‘Kummara’. After considering the provisions of Section 22-A of the Registration Act, 1908, this Court held that there can be no restraint against alienation of the properties classified as ‘Kummara Inam’ when no notification is issue under Section 22-A of the Registration Act, 1908. It is, thus, held that in the absence of prohibition relatable to law, it is not open to the revenue authorities to stall the registration of documents by the registering authorities on the mere communication which is based on revenue records. The writ petition was allowed holding that the classification of land in Survey No.250 of Proddatur Village, Kadapa District, to an extent of Ac. 0.30 cents as Government land on the basis of an entry in the revenue records alone as unsustainable and consequential directions were issued.
3. Learned Assistant Government Pleader for Revenue produced written instructions furnished by the Tahsildar, Proddatur Mandal, YSR Kadapa District (4th respondent), dated 02.12.2014. According to the instructions furnished, the total extent of land in Survey No.317 was Ac. 4.67 cents and is classified as ‘Washer Man – Chakala Inam’. Therefore, there is no dispute about the total extent of land and assignment as inam. The Tahsildar also admits lf the several transactions made and the revenue records disclosing the names of private persons as pattadars and enjoyers.
4. Having regard to the instructions furnished by the Tahsildar, Proddatur Mandal, YSR Kadapa District (4th respondent), dated 02.12.2014, and in view of the judgment of this Court in W.P.No.15169 of 2009, dated 23.06.2010, the Writ Petition is also allowed to an extent of 242.5 square yards, bearing H.No.26-923/37/1/1/3, in Ward No.26, Survey No.317, situated at Rameswaram Village Fields, Proddatur Town & Municipality, YSR Kadapa District, held by the petitioner as Government land on the basis of an entry in the revenue records alone is unsustainable. Consequently, the Sub-Registrar, Proddatur, YSR Kadapa District (5th respondent) is directed to entertain the Deed of Conveyance as and when presented by the petitioner in respect of the above said property in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. The Sub-Registrar shall register and release the document, if the same is otherwise in order. If the Registering Authority is of the opinion that the document is otherwise in order, he shall register and release the document. However, if the Sub-Registrar is of the opinion that the document cannot be registered for any other reason other than treating it as prohibited property on the ground that it is classified as ‘Chakali Inam’, he shall assign due reasons, pass an order and communicate the same to the petitioner under Section 71 of the Registration Act, 1908. In such an event, the petitioner is entitled to work out his remedies. Such exercise shall be completed by the Sub-Registrar within a period of three (3) weeks from the date of presentation of the document. Further, it is open to the Government to assert the title of the property by following due process of law and any registration of Deed of Conveyance does not take away its right to assert the title. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 18th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34234 of 2014 Date: 18th December, 2014 KL