IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE NINETH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28802 of 2013 Between:
Kaveti Lakshumma, W/o. Kaveti Kondappa, Aged about 68 years, Occ: Agriculturist, R/o. Door No.1-3-15, Nagarigutha, Pulivendula Village and Mandal, Y.S.R. District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by its District Collector, Kadapa, Y.S.R. District & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28802 of 2013 ORDER:
The case of the petitioner is that the husband of the petitioner purchased Ac. 3.05 cents in Survey No.499/1 of Pulivendula Village Fields, Pulivendula Mandal, Y.S.R District, by way of a registered Sale Deed bearing Document No.2139 of 1950, dated 30.08.1950. Initially, the property was mutated in the name of her husband and after the death of the husband, it is mutated in the name of the petitioner. They were issued pattadar passbook and title deeds. When the petitioner wanted to dispose of the land and requested the Sub-Registrar (Rural), Kadapa City, Y.S.R. District (4th respondent) to furnish the market value and the registration charges, the Sub-Registrar refused to furnish the information on the ground that the land is included in the list of prohibited properties and the land is classified as ‘Assigned Waste’ and, therefore, it cannot be the registerable. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that a valid sale was made in the year 1950 and the husband of the petitioner purchased the said property on payment of full sale consideration and the title has been validly passed on to the family of the petitioner in the year 1950. The petitioners have been in continuous enjoyment and in possession of the said property since 30.08.1950, i.e., for the last more than 63 years. Never an objection was raised that the petitioner is in illegal possession and enjoyment.
3. Learned Assistant Government Pleader submits, based on the averments in the counter affidavit, that originally the land in Survey No.1/1 of Pulivendula Village having a total extent of Ac. 378.78 cents of land and was classified as ‘Hill Lock – Gayallu’ as per the R.S.R maintained in the office. It was subsequently sub-divided and the land to an extent of Ac. 5.60 cents was formed in Survey No.499 from out of the old Survey No.1/1. The land in Survey No.499 was further sub-divided into 499/1 and 499/2 to an extent of Ac. 3.05 cents and Ac. 2.55 cents respectively and the land is classified as Assigned Waste. Therefore, the lands are shown as Government lands. However, the counter discloses that in the DKT Register vide Serial Nos.113 and 114, the lands in Survey Nos.499/1 and 499/2 respectively were assigned to Kaveti Kondappa and B. Andraju respectively and as per the land holding particulars, land to an extent of Ac. 3.05 cents in Survey No.499/1 stands registered in the name Animela Narasimhulu. The statement of the petitioner that late Kaveti Kondappa purchased the said land by way of a registered Sale Deed, dated 30.08.1950, is not disputed. The statement of the petitioner that pattadar passbook and title deed were issued is also not disputed. The fact of mutation of the revenue records in favour of the petitioner which are falling with reference to Adangal for Fasli 1423 – year 2013 and 1B Register is also not disputed.
4. Thus, the facts on record, as admitted by respondents, would disclose that with reference to treating the land as Assigned Waste, there is no record as to when it is treated as Assigned Waste. Even according to their own statement, the land under the same survey number is also shown in the DKT Register in the name of Late Kaveti Kondappa, but when it was given to Kaveti Kondappa is not mentioned. The prohibition of alienation of lands assigned have been introduced for the first time in the year 1954. Thus, even if the land was assigned much prior to 1954, there is no bar from alienation. The respondents admit the fact of a registered sale transaction which took place on 30.08.1950 whereunder Late Kaveti Kondappa purchased the same property from Animela Narasimhulu. At one stage, the name of Animela Narasimhulu is reflected against Survey No.499/1. Thus, either way, the land validly stood vested in the petitioner and whether it is treated as an assigned land prior to 1954 or purchase made by late Kaveti Kondappa in 1950, there can be no restraint on alienation of the land. Thus, either way, the title having validly vested in the petitioner, the refusal of the Sub-Registrar (Rural), Kadapa City, Y.S.R. District (4th respondent) in furnishing the market value relying on incomplete and inaccurate revenue records is erroneous.
5. Therefore, the Sub-Registrar (Rural), Kadapa City, Y.S.R. District (4th respondent) is directed to furnish the market value on the land to an extent of Ac. 3.05 cents in Survey No.499/1 of Pulivendula Village and Mandal, Y.S.R. District, and to receive the Deed of Conveyance as and when presented by the petitioner and process the same in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899.
6. With the above direction, the Writ Petition is disposed of. 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: 9th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28802 of 2013 Date: 9th June, 2014 KL