THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22208 of 2014 Dated : 06.08.2014 Between:
M.Narasimhulu, S/o M.Siddaiaha Naidu, 64 yrs., Flat No.303, D.No.18-3-58/A 17, Park Residency, Khadi Colony, Santhi Nagar, Tirupati, Chittoor District.
.. Petitioner And State of A.P., Rep. by its Principal Secretary, Revenue, Secretariat, Hyderabad and another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22208 of 2014 ORDER :
The deed of conveyance presented by the petitioner concerning the property bearing Door No.5-5A, Ward No.7, Sengunda street, S.No.191-2A, Puttur Village, Puttur town, Chittoor District is returned vide intimation Refusal Order No.1 of 2014, dated 07.07.2014 on the ground that two attachment orders were passed by the Senior Civil Judge, Puttur in E.P.No.24 of 2014 in O.S.No.71 of 2003, dated 20.11.2013 and E.P.No.45 of 2014 in O.S.No.47 of 2003, dated 13.03.2014. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that the orders mentioned therein do not pertain to door No.5-5A and it pertained to door No.4-106 and therefore, the registering authority erred in refusing to register the document. He further submits that insofar as the property of the petitioner is concerned, there is no civil case pending and no injunction order is issued and therefore, there is no restraint on alienating the said property. The said property is a private property and owned by the vendor of the petitioner.
3. Prima facie, it appears from the orders enclosed to the writ affidavit that the E.P. numbers mentioned in the refusal order do not deal with the property on which the deed of conveyance is presented.
4. Having regard to the above assertions of the learned counsel for the petitioner, the Writ Petition is disposed of remitting the matter back to the Sub-Registrar, Puttur Village to reconsider the claim of petitioner to register the deed of conveyance. The petitioner is permitted to place before the Sub-Registrar, the relevant orders passed by the competent Court in support of his contention that the said orders will not apply to the property on which the deed of conveyance is presented. On submission of the certified copies, the Sub-Registrar shall verify the same and if there is no restraint imposed by the competent Court or no attachment order is passed on the property proposed for conveyance, the Sub-Registrar shall process the deed of conveyance in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899 and release the document if it is otherwise in order. If the Sub-Registrar is convinced that the property is covered by the orders of the Court, he shall pass orders accordingly and communicate the same to the party. The entire exercise shall be completed within a period of three weeks from the date of submission of relevant documents by the petitioner. No costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 06.08.2014 ssp