THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25306 of 2014 Dated : 23.09.2014 Between:
Kunamalla Komuraiah S/o. Late Buchinarsu, Aged about 55 yrs, R/o. Mogilicharla Village, Geesugonda Mandal, Warangal District & 5 others .. Petitioners And State of Telangana, Rep., by its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.25306 of 2014 ORDER :
The petitioners claim to be the owner of land to an extent of Ac.0-32 guntas in Survey No.286/2 of Mogilicharla Village, Geesugonda Mandal, Warangal District. The petitioners claim that the said property is their ancestral property and they are in possession and enjoyment from generations and pattedar pass books and title deeds were also issued. The latest pahani also discloses that the status of land as patta and private property. While so, when the petitioners approached the Joint Sub- Registrar, Kothawada, Warangal District (3rd respondent) to furnish the market value for the purpose of presentation of deed of conveyance, the 3rd respondent informed the petitioner that it will not be processed, as the said property is classified as “Bancharai”. Aggrieved thereby this writ petition is instituted.
2. When the matter is taken up for consideration, the learned counsel for the petitioners submits that the petitioners have not submitted the deed of conveyance before the 3rd respondent and liberty may be given to the petitioners to present the deed of conveyance and as and when the deed of conveyance is presented, the same shall be received and processed.
3. Having regard to the said submissions, without expressing any opinion on merits the writ petition is disposed of giving liberty to the petitioners to present the deed of conveyance before the 3rd respondent and as and when such deed of conveyance is presented, the same shall be received and processed in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the 3rd respondent is of the opinion that the deed of conveyance cannot be processed for registration, he shall assign due reasons and communicate the same to the petitioners within a period of three weeks from the date of receipt of such document. There shall be no order as to costs.
4. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
23rd September, 2014
Rds
P.NAVEEN RAO,J