THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36455 of 2014 Dated : 28.11.2014 Between:
Smt. Kota Annapurna, W/o.Late Nageswara Rao, Aged about 47 yrs, R/o.Main road, Salur, Vizianagaram District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36455 of 2014 ORDER :
The claim of the petitioner is that her husband was the absolute owner and possessor of the house property bearing Door No.28-5-226 (Old D.No.28- 211), Municipal Assessment No.1092004188 in Town Sy.No.159/2, of Salur Village, Vizianagaram District. The above property was devolved on the petitioner and her two sons after the demise of her husband. The petitioner claims that she has 1/3rd share in the above property and she is not personally living in the said place and therefore, intend to relinquish her share in favour of her two sons. Accordingly a Relinquishment Deed was executed by her in favour of her two sons on 15.11.2014 and when the petitioner approached the Sub-Registrar, Salur Mandal, Vizianagaram District (2nd respondent), the 2nd respondent refused to receive the same on the ground that the property is included in the list of prohibited properties.
2. Learned Counsel for the petitioner submits that concerning the same survey number, when similar objection was raised earlier by the registering authorities, this Court held that the objection, as not valid and directed for registration without raising the objection that the property is included in the prohibited list.
3. In W.P.No.1339 of 2014 and batch, dated 06.03.2014, 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. Having regard to the earlier decision of this Court, this Writ Petition is also disposed of, directing the Sub-Registrar, Salur Mandal, Salur, Vizianagaram District (2nd respondent) to receive and register the Relinquishment Deed as and when presented by the petitioner in respect of the house property bearing Door No.28-5-226 (Old D.No.28-211), Municipal Assessment No.1092004188 in Town Sy.No.159/2, of Salur Village, Vizianagaram District, in accordance with Indian Registration Act, 1908 and Indian Stamp Act, 1899 without raising the objection that the property is included in the prohibited list and release the same, if the document is otherwise, in order. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
P.NAVEEN RAO,J 28th November, 2014
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