THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38690 of 2014 Dated : 17.12.2014 Between:
Kota Gowri Shankar Rao, S/o.Late Kota Venkata Ramana, Aged about 55 yrs, Occu : Business, R/o.Medara Street, Salur Village & Municipality, Vizianagaram District & 2 others.
.. Petitioners And The State of Andhra Pradesh, Rep., by the Principal Secretary, Registration and Stamps (Revenue) Department, Secretariat, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38690 of 2014 ORDER :
The petitioners claim to have been inherited the joint family properties. The petitioners are brothers and children of late Kota Venkata Ramana. They intend to divide the property standing in the joint family name by partition in the names of respective individuals. Accordingly, a settlement deed was drawn and presented before the registering authority. But the registering authority refused to receive on the ground that the properties in Survey Nos.159/2 of Salur Village and Municipality are classified as prohibited properties.
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 of Salur Village & Municipality, this writ petition is also disposed of directing the Sub-Registrar, Salur, Vizianagaram District (3rd respondent), to receive and process the settlement deed, concerning the properties claimed to have been inherited by the petitioners in Survey No.159/2, as and when presented by the petitioners, in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899, without raising the objection that the land is classified as Government land. The Sub Registrar, shall complete the 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 parties. There shall be no order as to costs.
5. Miscellaneous Petitions pending, if any, shall stand closed.
P.NAVEEN RAO,J 17th December, 2014 Rds