THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39246 of 2014 Dated : 22.12.2014 Between:
Karanam Sarojini W/o.Bhanoji Rao, Aged : 50 yrs, Occu : Housewife, R/o.Bankers Colony, Srikakulam District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Registration and Stamps (Revenue) Department, Secretariat, Hyderabad & 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39246 of 2014 ORDER :
Regarding inter se dispute between the petitioner and a person by name Mahanthi Jagadeeswara Rao, the petitioner instituted O.S.No.113 of 2012 on the file of Senior Civil Judge, Bobbili. The suit was filed for redemption of mortgage. During pendency of the suit, the parties have compromised and the compromise was recorded in the Lok Adalath at Bobbili. As per the compromise, the defendant in the said suit agreed to pay an amount of Rs.4,20,000/- and accordingly, the same was paid. Having received the entire amount, the petitioner intend to present the deed of cancellation of the mortgage deed which was earlier registered vide Document No.3844 of 2007 dated 15.11.2007, and when presented the same before the Sub-Registrar, Salur, Vizianagaram District (3rd respondent), the 3rd respondent refused to entertain the same on the ground that the land is classified as ‘Government Poromboke’.
2. When the matter is taken up for consideration, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for Municipality, represented that the subject matter of this writ petition is covered by the decision of this Court rendered in W.P.No.1339 of 2014 and batch.
3. In W.P.No.1339 of 2014 and batch, after construing the provisions in Section 2(1) of the A.P. Land Encroachment Act, 1905, the proceedings issued by the District Collector, Kadapa in Circular Reference No.E3/1291/2007, dated 29.04.2007, G.O.Ms.100, dated 22.02.2014, and earlier decision of this Court in W.P.No.23634 of 2012 and batch, this Court held as under :
“As evident from the Circular of the District Collector, Kadapa, and the Orders of the Government in G.O.Ms.No.100 dated 22.02.2014, the lands classified as Gramakantham are not the Government lands and that there is no restraint for alienation of the said properties. Thus, the decision of the Sub-Registrar in refusing to entertain the deed of conveyance concerning the properties in Sy.Nos.159/2 and 162/2 of Salur Municipality is erroneous.”
4. Following the earlier decision of this Court concerning Survey No.159/2, falling within the Salur Municipal Limits, this writ petition is also disposed of directing the Sub-Registrar (3rd respondent) to receive and process the cancellation of Mortgage deed concerning the property bearing D.No.6-72, falling in T.S.No.159/2, Old Assessment No.2580, New Assessment No.2581, Kota Veedhi, Old Ward No.4, New Ward No.8, Salur Village and Municipality, without raising objection that the land is classified as ‘Government Poromboke’. The Sub-Registrar, shall complete registration formalities, if the document is otherwise, in order and release the same. If the Sub-Registrar, has any other valid reason for not entertaining the document, he shall pass a reasoned order and communicate the same to the party. There shall be no order as to costs.
5. Miscellaneous Petitions pending, if any, shall stand closed.
P.NAVEEN RAO,J 22nd December, 2014 Note : Issue C.C. in three days B/o.
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