THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24014 of 2014 Dated : 22.08.2014 Between:
M.Malathi, W/o M.Rama Mohan Rao, 63 yrs., Retired Teacher, R/o Plot No.164, Netaji Nagar, Road No.3, Near Ram Temple, Sainikpuri, Secunderabad, Hyderabad District and two others .. Petitioners And The State of Andhra Pradesh, rep. by its Principal Secretary, Stamps & Registration Department, Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24014 of 2014 ORDER :
This writ petition is filed seeking a direction to the 1st and 2nd respondents not to register any transaction in respect of the property bearing R.S.No.250/2C, admeasuring Ac.0.33 cents, Nadim Thiruvuru, Krishna District and to direct respondent Nos.3 to 6 not to sell and alienate the said property either individually or collectively to third parties.
2. The averments made in the affidavit filed in support of the writ petition would disclose that there is a dispute regarding entitlement and ownership of the land to an extent of Ac.0.33 cents in R.S.No.250/2C among the family members. It appears that the 6th respondent executed a gift deed in favour of 3rd and 4th respondents and the same was also registered by the Sub-Registrar, Tiruvuru, Krishna District. The petitioners have not taken any steps for registration of gift deed as warranted by law. As per the gift deed executed by the 6th respondent, the property in question has to be devolved between 3rd and 4th respondents. If any deed of conveyance is presented before the registering authority, it has no competence to go into the correctness or otherwise of the title to the property. Therefore, no restraint can be imposed on the registering authority from receiving and entertaining the deed of conveyance. Thus, the relief sought for in this writ petition cannot be granted in respect of 1st and 2nd respondents. Insofar as 3rd and 4th respondents is concerned, it is purely civil in nature. Hence, writ of Mandamus cannot be issued against private individuals in respect of the property in question and the aggrieved parties have to work out their remedies as available under law.
3. The Writ Petition is, accordingly, dismissed. No costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date : 22.08.2014 ssp