THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.13317 and 13373 of 2014 Dated : 28.04.2014 W.P.No.13317 of 2014 Between:
Lakkaenboina Sujatha And State of Andhra Pradesh Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Petitioner .. Respondents W.P.No.13373 of 2014 Between:
Pidathala Saraswathi And State of Andhra Pradesh Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Petitioner .. Respondents THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.13317 and 13373 of 2014 COMMON ORDER :
Since the issues involved in both these writ petitions are intrinsically connected, they are heard together and disposed of by this common order.
2. The petitioners, who claim to be the General Power of Attorney Holders of American Baptist Foreign Mission Society, aver that society owns land in Survey Nos.435 and 436 of Kanigiri Mandal, Prakasam District. With intention to sell the land, when they approached the Joint Sub Registrar, Kanigiri (4th respondent) to ascertain the market value of the said lands, the Joint Sub Registrar, Kanigiri refused to furnish the information on the following grounds:
1. An interim order issued by the Hon’ble High Court of Madras in contempt petition No.1205 of 2010 is pending.
2. As per the District Registrar, Markapur Memo No.G/217/2009 Dt.26- 08-2010, the Sub Registrar, Kanigiri is directed not to Register the documents in respect of this Survey numbers along with other survey Numbers.
3. The Hon’ble Senior Civil Judge Court, Kavali passed an interim injection order in O.S.No.202/2010 in respect of the above Survey Numbers.
3. Challenging the same, the petitioners filed these Writ Petitions.
4. The learned counsel for the petitioners submits that insofar as Objection Nos.1 and 2 raised by the Joint Sub Registrar, Kanigiri, is concerned, the issue is covered by the decision of this Court in W.P.No.34689 of 2012, wherein this Court held as under:
“Unless a Court of competent jurisdiction has granted injunction against alienation of the properties in respect of which documents are sought to be registered by the petitioner, respondent No.3 cannot refuse registration of the same. Respondent No.3 is therefore directed to receive and register the documents that may be presented by the petitioner, subject to the latter complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899, unless there is an order of injunction against alienation of the properties in question by a Court of competent jurisdiction.”
5. The learned counsel for the petitioners submits that following the above said order, several Writ Petitions were disposed of and therefore, Objection Nos.1 and 2 are not valid. Hence, the petitioners are entitled to present the documents and transfer the ownership of the properties in question.
6. Insofar as Objection No.3 is concerned, the learned counsel for the petitioners submits that no injunction is granted by the Senior Civil Judge, Kavali in O.S.No.202 of 2010 and that if an opportunity is afforded to the petitioners by the Joint Sub Registrar, Kanigiri, they would satisfy him about the non-granting of injunction by the Civil Court.
7. Having regard to the submissions made by the learned counsel for the petitioners, the Writ Petitions are disposed of with the following directions:
1. Insofar as Objection Nos.1 and 2 raised by the Joint Sub Registrar, Kanigiri, they are no more valid in view of the decision of this Court in W.P.No.34689 of 2012, following which judgment, several Writ Petitions viz., W.P.Nos.13573 of 2013 and 7148 of 2013 etc., were disposed of by this Court.
2. Insofar as Objection No.3 is concerned, the Joint Sub Registrar, Kanigiri, is directed to afford an opportunity to the petitioners to present relevant documents to prove that no injunction was granted by the Senior Civil Judge, Kavali, in O.S.No.202 of 2010 in respect of the property in question, and on due verification and if he is satisfied that competent Court has not passed an order of injunction as contended by petitioners, the Joint Sub Registrar, Kanigiri shall furnish the market value of the property in question within a period of two weeks from the date of submission of representations enclosing the relevant documents and as and when the documents are presented for registration, he shall receive and process the same in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908.
8. Accordingly, the writ petitions are disposed of. There shall be no order as to costs. Consequently, the Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed.
JUSTICE P.NAVEEN RAO Date : 28.04.2014 va THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.13317 and 13373 of 2014 Dated : 28.04.2014 va