THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31593 of 2014 Dated : 13.11.2014 Between:
Maddi Prasanthi W/o.M.Rajendra Teja, Aged about 40 yrs, Occu : Business & Cultivation, R/o.Singarayakonda Village, Singarayakonda Mandal, Prakasam District .. Petitioner And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat Buildings, Hyderabad, &3 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.31593 of 2014 ORDER :
The petitioner claims to be the owner of the property admeasuring 2145 Square yards in Old Survey No.500/C1 and the present Survey No.500/C1B1 and Ac.0-70 cents in Survey No.500/H of Singarayakonda Village, Prakasam District. The petitioner claims to have succeeded to the above properties and has become the absolute owner. When the petitioner approached the registering authorities for provision of value of the properties and the amount of stamp duty payable, the Sub-Registrar, Singarayakonda, Prakasam District (3rd respondent) informed the petitioner that the properties are included in the prohibited list prepared by the Revenue Department and therefore, no information can be furnished. The petitioner also contends that the 3rd respondent insisted for No Objection Certificate, from the competent Revenue authorities.
2. When specifically pointed out by the Court, the learned counsel for the petitioner submitted that so far no document is presented, and no information is furnished to the petitioner as to why the property is classified as prohibited property and no alienations can be carried out.
3. Since the petitioner has not presented the document for registration, or no proof is filed to show that a request is made for furnishing details, but the 3rd respondent refused to furnish the same, it cannot be said that there is illegality committed by the respondents warranting interference by this Court and no relief can be granted to the petitioner as sought by him.
4. In view of the above discussion, the writ petition is disposed of granting liberty to the petitioner to present the deed of conveyance on the properties which the petitioner claims as her own or submit a representation in writing eliciting information on the status of the property. As and when such a request is made or document is presented, the 3rd respondent shall consider the same in accordance with Indian Registration Act, 1908 and Indian Stamp act, 1899 and the rules made there under and communicate the decision to the petitioner as warranted by law. If the petitioner is aggrieved by any decision, it is open to her to work out her remedies. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition shall stand disposed of.
P.NAVEEN RAO,J 13th November, 2014
Rds