THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26452 of 2014 Dated : 09.09.2014 Between:
M. Rajasekhar Reddy, S/o. M. Pedda Gangi Reddy, Aged 52 yrs, Occu : Business, Flat No.305, 3rd Floor, Om Sai Residency, Near Tower Clock, Anantapur Town, Anantapur District & another .. Petitioner And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat Buildings, Hyderabad and 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26452 of 2014 ORDER :
The deed of conveyance presented by the petitioners concerning the lands in Survey No.139 to an extent of Ac.1-93 Cents and Survey No.140 to an extent of Ac.5-07 cents, total admeasuring Ac.7.00 cents, Somaladoddi Village, Anantapur rural, Anantapur District, for registration vide document P.No.81 of 2014 dated 09.07.2014 was refused by the Joint Sub-Registrar, Anantapur (5th respondent) vide refusal order No.01/2014 dated 21.08.2014.
2. The refusal order is on two counts. Firstly, on the ground that the property seeking to alienate by the petitioners is included in the prohibited list and secondly, as per the instructions of the Commissioner and Inspector General of Registration and Stamps, no document without production of pattedar pass book should be accepted for registration. With reference to the second issue, the learned counsel for the petitioners submit that the petitioners have not applied for pattedar pass books and therefore, they do not have pattedar pass books and insistence for production of pattedar pass books at the time of processing the deed of conveyance is not valid. However, there is no explanation on behalf of the petitioners as to why no request was made for issuance of pattedar pass books more so, when the petitioners assert that the properties are private properties and that there is no restraint of alienation of the properties. At this stage learned counsel for the petitioners submit that the petitioners would be advised to submit an application before the Revenue Divisional Officer, Anantapur, Anantapur District and Tahsildar, Anantapur, Anantapur District (3rd & 4th respondents).
3. In view of the above submission, the Writ Petition is disposed of giving liberty to the petitioners to submit an application for issuance of pattedar pass books on the properties claimed to have been owned by them and as and when such applications are filed the 3rd & 4th respondents shall consider the same for grant of pattedar pass books in favour of the petitioners if they are otherwise entitled within a period of three weeks from the date of receipt of the said applications. If the petitioners are granted pattedar pass books, it is open to them to place the issue before the registering authority for re-consideration of the earlier decision impugned in this writ petition. If the petitioners have any grievance with reference to the decision taken by 3rd & 4th respondents, it is open to them to work out their remedies. There shall be no order as to costs.
4. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J 9th September, 2014 Note : Issue C.C. in three days B/o Rds