HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22364 of 2014 DATE: 12.08.2014 Between:
M.B.Subramanyam Reddy, s/o.Mekala Bhushannagari Obula Reddy, Aged about 58 years, R/o.F.No.506, Challa Pride, Tech Colony, Sanath Nagar, Hyderabad.
.. Petitioner AND The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22364 of 2014 ORDER:
With the consent of the counsel for the petitioner as well as learned Assistant Government Pleader representing Government, the writ petition is disposed of at the admission stage.
2. Learned counsel for the petitioner represents that the properties, which are the subject matter of the writ petition, are owned by the petitioner and with an intention to dispose of the said properties, when petitioner approached the Sub-Registrar, Proddatur, the Sub- Registrar refused to furnish market value certificates on the ground that the properties in Sy.No.311 of Proddatur village fields in YSR Kadapa District are classified as ‘Mangala Inam’ and, therefore, prohibited from alienation. Learned counsel further submits that on the said subject matter, several decisions are rendered by this Court and, therefore, the objection raised by the Sub-Registrar to furnish the market value certificate and to register deeds of conveyance is erroneous and contrary to law and counsel placed reliance on the decision of this Court in W.P.No.15804 of 2013 dated 21.08.2013 insofar as the properties in Sy.No.313 are concerned.
3. After considering the judgment of this Court in W.P.No.15169 of 2009, W.P.No.4085 of 2014 is disposed of. In W.P.No.15169 of 2009, this Court considered the objection that the subject land was classified as ‘Kummara Inam’ and, therefore, document could not be processed for registration. This Court construed the provisions in Section 22 of the Indian Registration Act, 1908 and held as under:
“In the light of the aforestated provision, the prohibition with regard to registration of documents in respect of Government lands arises out of the publication of a notification under clause (e). Admittedly, there is no notification under Section 22- A of the said Act in respect of Survey No.250 of Proddatur Village. In the absence of a prohibition relatable to law, it is not open to the revenue authorities to stall the registration of documents by the registration authorities on the basis of a mere communication based on revenue records. The classification of the subject land in Survey No.250 basing on such revenue records posing a bar to the entertainment for registration of the document presented by the petitioner cannot be countenanced. If the Government seeks to assert its title over the subject land contrary to the evidence manifested by the registered transactions dating back to 1955, it is for them to do so in a properly constituted proceeding before the appropriate forum. By mere recourse to an entry in the R.S.Register, Proddatur, the Government cannot seek to wipe out the events borne out by record and claim title.”
4. Following the said decision, the writ petition is disposed of directing the Sub-Registrar, Proddatur, YSR Kadapa District (5th respondent), to furnish the market value of the properties of the petitioner in respect of House Door Nos.3/791, 3/792 and 3/793 to an extent of 255 square yards in Sy.No.311 situated in YMR Colony, Proddatur, YSR Kadapa District and to receive and process the deeds of conveyance as and when the same are presented by the petitioner in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the Government to assert its title by following the due process of law and mere registration of deed of conveyance does not take away such right of the Government to establish its title. There shall be no order as to costs. Miscellaneous petitions, if any pending in these writ petitions, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 12.08.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22364 of 2014 Date: 12.08.2014 kkm