IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12352 of 2013 Between:
Meka Raghunatha Reddy, S/o. M. Narayana Reddy, Nallamada Village, Nallamada Mandal, Anantapuramu District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by the Principal Secretary, Stamps & Registration Department, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12352 of 2014 ORDER:
The petitioner claims to have purchased land to an extent of Ac. 3.08 cents in Survey No.1713/2C of Kadiri Village and Mandal, Anantapuramu District, from three vendors. The petitioner avers that the three vendors are the owners and possessors of land and they have valid title in their favour. The petitioner had paid full sale consideration and when Deed of Conveyance was presented before the Sub-Registrar, Kadiri, Anantapuramu District (3rd respondent), the third respondent refused to receive on the ground that the Deed of Conveyance is not accompanied by the pattadar passbook and title deeds.
2. The petitioner avers that the vendors of the petitioner have lost the pattadar passbook and title deeds. Therefore, the same could not be produced. In fact, the vendors filed a police complaint on 20.01.2014 for tracing those documents and also applied for fresh certificates on 01.02.2014 to the Tahsildar, Kadiri, Anantapuramu District (4th respondent). However, so far, no fresh pattadar passbook or title deeds are issued. If fresh pattadar passbook and title deeds are not issued to the petitioner, great prejudice is caused to the petitioner since he has already invested huge money.
3. Admittedly, the vendors of the petitioner do not have pattadar passbook and title deeds as on today. As per the pattadar Passbook Act, 1971, it is mandatory to produce the pattadar passbook and title deeds at the time of presentation of Deed of Conveyance. As averred by the petitioner, the vendors have already applied for issuance of fresh pattadar passbook and title deeds.
4. The Tahsildar, Kadiri, Anantapuramu District (4th respondent) is directed to consider the petitioner’s application, dated 01.02.2014, and pass appropriate orders as warranted by law. If the vendors of the petitioner are entitled for issuance of pattadar passbook and title deeds, the same shall be issued within a period of four (4) weeks from the date of receipt of copy of this order. In the meanwhile, the Sub-Registrar, Kadiri, Anantapuramu District (3rd respondent) shall receive and process the Deed of Conveyance in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899, and also give endorsement number as warranted by law, giving liberty to the petitioner to produce relevant documents as and when made available to him.
5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO, J Date: 23rd April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.12352 of 2014 Date: 23rd April, 2014 KL