IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13708 of 2014 Between:
Munukoti Ramachandra Rao, S/o. Late Apparao, Aged about 52 years, Occ: Business, R/o. Saariki Street, Salur Village and Municipality, Vizianagaram District.
.. Petitioner AND The State of Andhra Pradesh, Rep. by the Principal Secretary, Registration and Stamps (Revenue) Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13708 of 2014 ORDER:
The petitioner assails the action of the registration authorities in refusing to receive the document presented by him in respect of slabbed house in D.No.9-2-27, Assessment No.1092010645, New Ward No.4, Saarika Street, in Town Survey No.159/2, situated in Salur Village and Municipality, Vizianagaram District. The reason for the refusal is when the petitioner approached the Sub-Registrar, Salur, Vizianagaram District (3rd respondent) for registration of the document, he stated that the subject land is a Government poramboke and was, therefore, not amenable to transactions between private parties.
2. The land in this survey number fell for consideration before this Court in W.P. No.23634 of 2012. A copy of the order, dated 26.11.2012, passed therein is placed on record and reflects that part of the subject land in this survey number was sold in a court auction prior to 1971 and, therefore, the claim of the Government that the entire land in this survey number belonged to it was not accepted. The writ petition was, accordingly, disposed of directing the registration authorities to proceed with the registration of documents in respect of this land in accordance with law.
3. For reasons alike, as were mentioned in the order, dated 26.11.2012, passed by this Court in W.P. No.23634 of 2012, this Writ Petition is disposed of directing the Sub-Registrar, Salur, Vizianagaram District (3rd respondent) to receive and process the document presented by the petitioner in respect of the subject land. In the event the said document is found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the 3rd respondent shall complete the registration formalities and release the document in accordance with the due procedure. If, however, the 3rd 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 pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO, J Date: 29th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13708 of 2014 Date: 29th April, 2014 KL