THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38705 of 2014 Dated : 17.12.2014 Between:
Maddula Anitha W/o.Maddula Nageswara Rao, Aged about 40 yrs, R/o.Kothapeta Village, Vetapalem Mandal, Prakasam District & another .. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38705 of 2014 ORDER :
The petitioners approached the Joint Sub Registrar-5, Chirala -2nd respondent with a request to furnish the particulars as to stamp duty and registration charges in respect of lands admeasuring Acs.10.71 cents in Survey Nos.674, 675, 677, 678, 679 and 680 of Kothapeta Revenue Village, Vetapalem Mandal, Prakasam District. The 2nd respondent is said to have refused to furnish the information on the ground that the concerned Tahsildar o f Vetapalem, furnished the list of assigned lands, which included the said properties. The petitioners feels aggrieved by the same.
2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue.
3. The basis for refusal to furnish information by the 2nd respondent is that the properties are part of assigned lands figuring in the list furnished by the concerned Tahsildar of Vetapalem. The petitioners are not clear about the character of the lands.
4. Assuming that the plots in question are part of assigned lands, prohibition would operate if only the assignment was subsequent to 1954. The reason is that the Government issued G.O.Ms.No.1142 dated 18-06-1954 for incorporation of clause prohibiting alienation of assigned lands. Even now the petitioners can make a representation in this regard.
5. Hence, the writ petition is disposed of, directing that,
a) It shall be open to the petitioners to make a representation to the concerned Tahsildar of Vetapalem, with a request to delete the lands in Survey Nos. 674, 675, 677, 678, 679 and 680 of Kothapeta Revenue Village, Vetapalem Mandal, Prakasam District, from the list of assigned lands.
b) If on verification, the concerned Tahsildar, Vetapalem comes to the conclusion that the assignment was prior to 18.06.1954, he shall exclude Survey Nos. 674, 675, 677, 678, 679 and 680 of Kothapeta Revenue Village, Vetapalem Mandal, Prakasam District from the list of assigned lands, and thereupon the 2nd respondent shall take further steps vis-à-vis the documents.
c) If on the other hand, it emerges that the lands were assigned subsequent to 18-06-1954, the petitioners shall not have right to insist on registration of documents.
d) This exercise shall be completed within a period of four weeks from the date of submission of the representation by the petitioners.
e) If no records are available in respect of the said lands, the benefit of doubt shall be given to the petitioners.
6. The miscellaneous petitions filed in this writ petition also stands disposed of. There shall be no order as to costs.
P.NAVEEN RAO,J 17th December, 2014 Rds