THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1293 of 2014 Dated : 22.01.2014 Between:
Kummari Shankar, S/o Venkata Swamy .. Petitioner And The Sub-Registrar and others .. Respondents THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1293 of 2014 ORDER :
The petitioner owns and possesses a house bearing No.2-47-2, an extent of 164.97 square feet together with land to an extent of 164.97 square yards situated in Survey No.163/1 of Banaganapalle Nagar Panchayat, Kurnool District. The petitioner states that in a partition, the above said property was allotted towards her share and with an intention to execute the registered partition deed, she approached the 1st respondent for issuance of market value certificate, who inturn furnished same and stated that no document will be entertained for registration of the said land as the entire land in Survey No.163/1 of Banaganapalle Village is included in the prohibited property.
Vide letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, the land in Survey No.163/1 of Banaganapalle Village is also included in the prohibited area and the Sub-Registrar, Banaganapalle Village requested not to entertain any document for registration concerning the said survey number.
On the same issue, this Court passed several orders and inspite of the same, the concerned authority is refusing to issue valuation certificate and for entertaining the documents for registration. The approach of the respondents is deprecated.
In W.P.No.20076 of 2012 this Court passed the following order :-
“Inasmuch as the house property of the petitioner admeasuring Acs.36.66 square yards is situated in Survey No.163/1 of Banaganapalle Village and Mandal, Kurnool District, which was originally included in the list of properties prohibited from registration and, now, basing on the written instructions, it is submitted that recommendations have already been made for deletion of the entire Survey No.163/1, admeasuring Acs.78.25 cents, from the properties prohibited from registration under the Registration Act, 1908, 5th respondent herein is directed to receive and process the document that may be presented by the petitioner for sale of the house property in question, without treating the same as Government property. It is clarified that, it is open to the 5th respondent to verify whether the said document is in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899.”
For the reasons alike, this Writ Petition is also disposed of directing the 1st respondent to issue market value certificate and as and when the deed of conveyance is presented for registration of the house bearing No.2-47-2, an extent of 164.97 square feet together with land to an extent of 164.97 square yards situated in Survey No.163/1 of Banaganapalle Nagar Panchayat, Kurnool District, the 1st respondent shall receive and process the same without reference to the letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, subject to the documents presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.
Miscellaneous petition, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J January 22nd, 2014. ssp