IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE THIRTIETH DAY OF OCTOBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32679 of 2014 Between:
Mangali Ramudu, S/o. Tirepelu, Hindu, Aged about 57 years, R/o. Gorvimanu Palle Village and Post, Kolimigundla Mandalam, Kurnool District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32679 of 2014 ORDER:
The case of the petitioner is that he is the owner and possessor of house property bearing No.1-622 existing in an extent of 49.83 square yards in Survey No.169/1B1 of Banaganapalle Village and Mandal, Kurnool District. The petitioner claims that he purchased the said property vide registered document No.2284 of 2008, dated 24.12.2008 from Smt. Halimabi, W/o. Syed Ibrahim.
2. With an intention to dispose of the said property, the petitioner submitted an application to the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (5th respondent) on 24.10.2014 for issuance of market value certificate. The Sub-Registrar instead of issuing market value certificate has informed the petitioner that the land in Survey No.169/1B1 is prohibited by virtue of the proceedings of the District Collector, Kurnool, Kurnool District (3rd respondent), dated 17.01.2012, and the consequential endorsement of the 5th respondent, dated 24.10.2014. Hence this writ petition.
3. Learned counsel for the petitioner submits that the land is classified as private patta land and therefore, refusal of the Sub-Registrar to furnish market value certificate is erroneous. He further submits that the letter of the District Collector, dated 17.01.2012, prohibiting registration of the said survey number is illegal without power or jurisdiction.
4. Learned Assistant Government Pleader for Revenue, on instructions, submits that as per the village accounts of Banaganapalli Village, the land in Survey No.169/1 is having an extent of Ac. 5.40 cents and out of the said land, an extent of Ac. 3.72 cents in Survey No.169/1B1 is classified as Gramakantam. He also submits that the land in Survey No.169/1B1 is not prohibited property and hence there is no objection for issuing market value certificate by the registering authorities.
5. In view of the submissions made by the learned Assistant Government Pleader for Revenue, endorsement of the Sub-Registrar, dated 24.10.2014, is erroneous since the land is classified as Gramakantam. It is not treated as a Government land. Gramakantam only signifies the area earmarked in the village for the purpose of construction of houses and it is not classified as Government land. Therefore, there can be no objection for carrying registration of alienation of the property.
6. Accordingly, the Writ Petition is disposed of directing the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (5th respondent) to furnish the market value certificate of the property owned by the petitioner and receive the Deed of Conveyance as and when the same is presented by the petitioner and process the same in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. However, if the 5th respondent is of the opinion that the document presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1908. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 30th October, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32679 of 2014 Date: 30th October, 2014 KL