IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.5567 of 2014 Between:
Keerthi Pati Reddi Bhaskar Raju, S/o. Subbarama Raju, Aged about 40 years, # 13-6-600/44/1547, P.K. Layout, Tirupati, Chittoor District & 2 others .. Petitioners AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps & Registration Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.5567 of 2014 ORDER:
It is averred in the affidavit that petitioners 1 and 2 own land to an extent of Ac. 2.95 cents in Survey No.424/1 and Ac. 3.14 cents in Survey No.424/2, situated at Chitluru Village, Ramapuram Mandal, Y.S.R. Kadapa District. The petitioners 1 and 2 offered to sell the said land to the 3rd petitioner and the 3rd petitioner paid the sale consideration. When the petitioners approached the Sub-Registrar, Lakkireddipalli, Y.S.R. Kadapa District (4th respondent) to register the Deed of Conveyance, the Sub- Registrar refused to receive the Deed of Conveyance on the ground that the land is prohibited for alienation and, therefore, no Deed can be processed.
2. Learned counsel for the petitioners submits that there have been several transactions in this property even prior to 1954. Therefore, the refusal of registration by the Sub-Registrar is illegal.
3. On instructions, the learned Government Pleader also submits that as per the RSR, transactions seem to have taken place even prior to 1954.
4. Having regard to the submissions made, the Writ Petition is disposed of directing the Sub-Registrar, Lakkireddipalli, Y.S.R. Kadapa District (4th respondent) to receive and process the Deed of Conveyance presented by the petitioners in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. The petitioners are directed to furnish the relevant material along with the Sale Deeds and other revenue records to the 4th respondent and as and when such documents are presented, the Sub- Registrar shall verify the authenticity of the documents presented before undertaking the process of registration. If the Sub- Registrar is not satisfied with any of the documents presented before him and if the Deed of Conveyance cannot be processed, he shall assign reasons and communicate the same to the petitioners. 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: 28th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.5567 of 2014 Date: 28th April, 2014 KL