HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NOs.2049, 2050 and 2051 of 2014 Date: 13.06.2014 W.P.No.2049 of 2014 Between: Lakkakula Ramapathi, S/o. Bhoomaiah, Aged about 43 years, Occu:Business, r/o.1-1-637/2, Housing Board Colony, Adilabad and others. … Petitioners and State of Andhra Pradesh, rep.by its Principal Secretary to Government, Revenue (Stamps & Registration) Department, Secretariat, Saifabad, Hyderabad and others.
… Respondents.
W.P.No.2050 of 2014 Between: Lakkakula Ramapathi, S/o. Bhoomaiah, Aged about 43 years, Occu:Business, r/o.1-1-637/2, Housing Board Colony, Adilabad.
… Petitioner and State of Andhra Pradesh, rep.by its Principal Secretary to Government, Revenue (Stamps & Registration) Department, Secretariat, Saifabad, Hyderabad and others.
… Respondents.
W.P.No.2051 of 2014 Between: Lakkakula Vanitha, S/o. Ramapathi, Aged about 40 years, Occu:Private Employee, r/o.1-1-637/2, Housing Board Colony, Adilabad. … Petitioner and State of Andhra Pradesh, rep.by its Principal Secretary to Government, Revenue (Stamps & Registration) Department, Secretariat, Saifabad, Hyderabad and others.
… Respondents.
The Court made the following :
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NOs.2049, 2050 and 2051 of 2014 COMMON ORDER:
In all these three writ petitions, petitioners claim to be the purchasers of the properties in Sy.Nos.72/7, 72/14 and 134/3 of Bhattisawargaon Village, Adilabad District.
2. As the subject matter in these writ petitions is same, these writ petitions are disposed of by common order with the consent of counsels for the petitioners and the learned Assistant Government Pleader representing respondents.
W.P.No.2049 of 2014
3. It is the assertion of the petitioners that land in Sy.No.72/7 to an extent of Ac.5.00 guntas in Bhattisawargaon Village, Adilabad district, was assigned to Korati Ganga much prior to 1954. After the demise of the said Ganga, there was a partition within the family in the year 1983 and the land was mutated in the name of Korati Pedda Ganganna @ Gangaiah. The revenue authorities have issued pattadar pass books and title deeds. Petitioners intended to buy the said land, entered into sale transaction and on completion of formalities, deed of conveyance was presented before the Joint Sub-Registrar, Luxettipet, Adilabad District (2nd respondent). But, the 2nd respondent kept the document pending vide P.No.151/2013 vide his endorsement dated 12.11.2013 and informed the petitioners that the document is kept pending for clarification from the District Registrar regarding alienability of the land and determination of the market value.
W.P.No.2050 of 2014
4. It is the case of the petitioner that land in Sy.No.72/14 to an extent of Ac.8.00 guntas in Bhattisawargaon Village, Adilabad district, was assigned to one Sunkidi Ashiga much prior to 1954. After the demise of the said Sunkidi Ashiga, there was a partition within the family and the land was mutated in the name of Katherapaga Narasimhulu @ Sunkidi Narasingu. The revenue authorities have issued pattadar pass books and title deeds. Petitioner intended to buy the land to an extent of Ac.4.00 guntas out of Ac.8.00 guntas, entered into sale transaction and on completion of formalities, deed of conveyance was presented before the Joint Sub-Registrar, Luxettipet, Adilabad District (2nd respondent). But, the 2nd respondent kept the document pending vide P.No.149/2013 vide his endorsement dated 12.11.2013 and informed the petitioner that the document is kept pending for clarification from the District Registrar regarding alienability of the land and determination of the market value.
W.P.No.2051 of 2014
5. It is the case of the petitioner that land in Sy.No.134/3 to an extent of Ac.8.00 guntas in Bhattisawargaon Village, Adilabad district, was assigned to one Poshetty much prior to 1954. After the demise of the said Poshetty, his son Devuga succeeded and his name was mutated in the revenue records. After demise of Devuga, there was a partition in the family and the land was mutated in the names of his daughters Ganga Bai and Edamma equally. The revenue authorities have issued pattadar pass books and title deeds in their favour. Petitioner intended to buy the said land, entered into sale transaction and on completion of formalities, deed of conveyance was presented before the Joint Sub-Registrar, Luxettipet, Adilabad District (2nd respondent). But, the 2nd respondent kept the documents pending vide P.Nos.154/2013 and 155/2013 vide his endorsements dated 25.11.2013 and informed the petitioner that the documents are kept pending for clarification from the District Registrar regarding alienability of the land and determination of the market value.
6. Since the petitioners have not heard any information further from the Registering authorities, these writ petitions are instituted.
7. Learned counsel for the petitioners submits that the lands, which the petitioners intended to buy, were assigned much prior to 1954 and when the lands were assigned much prior to 1954, there was no prohibition from alienation of the said lands. Such restriction is introduced for the first time on 25.07.1958. Therefore, keeping the documents pending and not registering the same on the part of the Joint Sub-Registrar, is illegal. It is further contended that when there is no notification imposing restraint on registration of the document presented, on a doubt, the Joint Sub-Registrar cannot keep the documents pending.
8. In the counter affidavit filed on behalf of the 2nd respondent the basic facts are not denied. It is averred that in the list of prohibited lands furnished by the Government, lands in Sy.Nos.72 and 134 of Bhattisawargaon village are included and, therefore, the Joint Sub- Registrar has entertained a doubt. It is further averred that the document by which assignment was granted to the original assignee was not filed. Therefore, clarification is sought from the District Registrar. It is further averred that though Khasra pahani for the year 1954-55 is produced, where entries are made, but since the original assignment order is not produced, no credence can be given to the same.
9. The draft counter-affidavit on behalf of the 5th respondent, copy of which is circulated to the Court, discloses that any such assignment made under Laoni Rules 1950, does not carry condition of non- alienability prior to 1958.
10. However, as averred in the draft counter-affidavit of 5th respondent, according to Section 58-A of Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F, it is mandatory to obtain prior permission from the Collector and so far no such permission is obtained. The District Registrar addressed a letter bearing No.G1/418/2013, dated 26.12.2013 to the Revenue Divisional Officer requesting him to clarify on three points raised therein. The clarifications sought are as under:
i) Please clarifies whether the land is assigned before 1958 or not ?
ii) If it is assigned before 1958, whether it is alienable or not ?
iii) The Sy.No.72/14, 72/7, 134/3/1 and 134/3/2 of Battisavargaon village of Adilabad Mandal is nowhere mentioned in the prohibited property list as Government Land o r Assigned Land. In this context, please clarify the above said land is Government/ Assigned or not ?
11. It appears that so far no clarification is issued by the Revenue Divisional Officer, Adilabad. The clarifications sought are relevant for the purpose of determination of alienability of land as relevant assignment orders are not produced.
12. Having regard to the facts of the case, these writ petitions are disposed of directing the Revenue Divisional Officer, Adilablad, to clarify the issues on which letter was addressed by the District Registrar, Adilabad, on 26.12.2013, within a period of four weeks from the date of copy of this order. The Revenue Divisional Officer shall also communicate the decision to the petitioners. There shall be no order as to costs.
Miscellaneous petitions pending, if any, in these writ petitions shall stand closed.
JUSTICE P. NAVEEN RAO Date: 13.06.2014 kkm HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NOs.2049, 2050 and 2051 of 2014 Date: 13.06.2014 kkm