THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION Nos.29773, 29774 & 29775 of 2014 Dated : 07.10.2014
W.P.No.29773 of 2014
Between:
N.A.Khaleed S/o.Wahab, Aged about 38 yrs,
R/o.H.No.7/84, Banagannapalle Village, Kurnool District.
And
The Sub-Registrar, Banaganapalle,
Kurnool District, & 3 others
.. Petitioner
.. Respondents
W.P.No.29774 of 2014
Between:
S. Abdul Rasheed S/o.Mahammad Hussain, Aged about 52 yrs,
R/o.H.No.9/7, Banagannapalle Village, Kurnool District & another.
And
The Sub-Registrar, Banaganapalle,
Kurnool District, & 3 others
.. Petitioners
W.P.No.29775 of 2014
Between:
N.Noor Basha S/o. Late N. Nazeer Hussain, Aged about 30 yrs,
R/o.H.No.3-123/1, Khaziwada, Banaganapalle Village, Kurnool District & another.
.. Respondents
And
The Sub-Registrar, Banaganapalle,
Kurnool District, & 3 others
.. Petitioners
.. Respondents
This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION Nos.29773, 29774 & 29775 of 2014
COMMON ORDER :
This writ petition is instituted declaring the list of immovable properties in Survey No.163/1 of Banaganapalle Town, furnished by the District Collector, Kurnool, Kurnool District – 2nd respondent to the Sub- Registrar, Banganapalle Village and Mandal, Kurnool District–1st respondent vide Lr.R.Dis.E2/2845/2010 dated 17.01.2012 whereunder prohibiting the registration of the properties in Survey No.163/1 of Banaganapalle Village in Kurnool District, as arbitrary and illegal.
2. It is contended by the petitioners that as a result of said illegal orders, the sale deed documents presented by the petitioners is not received and processed. The petitioners state that they are the owners of house bearing No.7/84 together with land to an extent of 40 Square yards in Survey No.163/1, House bearing No.9/7 and 9/18 to an extent of 1500 Square yards in Survey No.163/1, House bearing No.3-123/1 to an extent of 65.77 Square yards in Survey No.163/1 of Banaganapalle village, Kurnool District. Due to personal needs, the petitioners intend to sell the above properties. When the petitioners submitted an application to the 1st respondent for issuance of certificate of market value of the property in question, the 1st respondent issued market value certificate. Subsequently, the petitioners came to know that the property covered in Survey No.163/1 of Banaganapalle Village is prohibited property, as per the list of immovable properties furnished by the 2nd respondent - District Collector, Kurnool, to the 1st respondent - Sub Registrar, Banaganapalle. Aggrieved by the same, the petitioners filed this writ petition.
3. Concerning the property in respect of the same survey number, following the order in W.P.No.28546 of 2012 dated 18.09.2012 this Court by order dated 04.07.2013 allowed W.P.No.19070 of 2013 holding the action of the Sub-Registrar in refusing to receive and process the sale deed document as illegal. The said order reads as under :-
“For reasons alike as were mentioned in the said order, this writ petition is allowed holding that there is no basis for the inclusion of the petitioner’s land in Survey No.163/1 of Banaganapalle Village, in the list of prohibited properties communicated by the Revenue Authorities to the Registration Authorities. In the event the Government claims the subject land as its own, it is open to it to initiate appropriate proceedings before the competent forum in that regard and seek cancellation of the registered transactions thereafter. The endorsement dated 01.07.2013 of the Sub-Registrar, Banaganapalle, is accordingly set aside. The Sub-Registrar, Banaganapalle, is accordingly directed to receive and process the document presented by the petitioner in respect of the subject land without reference to the letter dated 17.01.2012, subject to the document presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.”
4. Following the above decision, this Writ Petition is disposed of. The Sub-Registrar, Banaganapalle is directed to receive and process the documents presented by the petitioners in respect of the subject lands without reference to the letter dated 17.01.2012, subject to the documents presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. No order as to costs.
5. As a sequel, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 07.10.2014 Rds