THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39493 of 2014 Dated : 24.12.2014 Between:
Kunapareddy Venkata Krishna Narsimharao, S/o.K.Ankalarao, Aged 49 yrs, R/o.D.No.49-54-6/7, Balaji Hills, Visakhapatnam & another .. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary, Registration and Stamps Department, Secretariat, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.39493 of 2014 ORDER :
The petitioner claims to be in possession of land to an extent of Ac.19-
14.5 Cents in Survey Nos.52-30 to 52-35, 67-1 to 67-23, 68-12 to 68-51, 69-1 to 69-27, 70-1 & 70-4 of Zeroity land in Kopperla Village, Poosapati Rega Mandal, Vizianagaram District. The petitioners intend to sell the said land and when approached the Sub-Registrar, Bhogapuram, Vizianagaram District (3rd respondent) to obtain the details for registration and stamp duty, the petitioners were informed that the registration cannot be accepted as the said property is classified as Government land.
2. According to the learned counsel for the petitioners, the land which the petitioners are claiming to alienate is private property. He further contends that the registering authority cannot refuse to furnish information nor receive the deed of conveyance at the stage of presentation. He has to receive and process the deed of conveyance in accordance with the Registration Act. However, no material is placed on record to show that such a request was made or petitioners intend to present the deed of conveyance.
3. Having regard to the same, the writ petition is disposed of granting liberty to the petitioners to submit an application in writing requesting to elicit the information on the properties or present deed of conveyance. As and when such request is made or 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 registering authority is not inclined to furnish the information or register the deed of conveyance, he shall assign due reasons and pass an order and communicate the same to the petitioners. Such exercise should be completed within a period of three weeks from the date of receipt of such request nor presentation of the document. 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 24th December, 2014 Rds