HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21838 of 2014 DATE: 13.08.2014 Between:
Nagidi Venkatravamma w/o. Venkatadri, Aged about 70 years, R/o. 6th Ward, Nagayalanka, Nagayalanka Mandal, Krishna District.
.. Petitioner AND Government of Andhra Pradesh, rep.by its Secretary, Revenue, Secretariat, Hyderabad and two others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21838 of 2014 ORDER:
Petitioner claims to be the owner and possessor of the property to an extent of Ac.0.05 cents along with house bearing Door No.169 of Nagayalanka Village and Mandal, Krishna District. Petitioner claimed to have purchased the said land from Kanna Saraswathamma vide registered document No.1070/1959 and claims to be in possession and enjoyment of the property ever since. Petitioner intend to dispose of the said property and when approached the Sub-Registrar, Avanigadda, (2nd respondent), the 2nd respondent informed the petitioner vide his endorsement dated 21.04.2014 that the land is classified as Government land (gramakantam) as per the letter of the Tahasildar, Nagayalanka, dated 21.08.2010 and, therefore, cannot be processed for registration. Aggrieved thereby, petitioner instituted this writ petition.
2. Though the matter was adjourned earlier for instructions, so far no instructions were furnished by the learned Government Pleader. However, record discloses that concerning the same village and same survey number, W.P.No.30669 of 2013 was considered by this Court after hearing the submissions of learned Government Pleader and orders were passed on 26.11.2013.
3. Learned Government Pleader for Revenue submits that the land in Sy.No.100/1 of Nagayalanka village is classified as ‘Gramakantam land’ and, therefore, it is a Government land and prohibited from registration in accordance with Section 22-A(1)(b) of the Registration Act, 1908. It is also stated that no document is presented for registration in respect of the said property so far.
4. Learned counsel for the petitioner submits that the issue of acceptance of documents for conveyance with regard to the land classified as ‘Gramakantam’, has come up for consideration before this Court in W.P.No.4213 of 2014. Similar objection was raised against the acceptance of document for registration holding that the property initially was classified as ‘Gramakantam’ in the village revenue records.
5. No statutory provision is brought to my notice which prohibit sale of property standing in the name of a particular person, which is classified in the revenue records as Gramakantam. It is appropriate to notice provision in Section 2(1) of the A.P.Land Encroachment Act, 1905. Section 2(1) of the Act, describes which are to be treated as Government property. Section read as under:
Section 2. Right of property in public roads, etc., water and lands:-
(1) All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes, and tanks, and all canals and water-courses, and all standing and flowing water, and all lands, whenever situated, save in so far as the same are the property,-
(a) of any zamindar, poligar, mittadar, jagirdars, shortriemdar or any person claiming thorough or holding under any of them, or
(b) of any, person paying shist, kattubadi, jodi, poruppu or quit-rent to any of the aforesaid persons, or
(c) of any person holding under ryotwari tenure or in any way subject to the payment of land revenue direct to Government, or
(d) of any other registered holder of land in proprietary right, or
(e) of any other person holding land under grant from the Government otherwise than by way of licence.
and as to lands, save also in so far as they are temples sites or owned as house site or backyard.
be and are hereby declared to be the property of Government except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement rights of other land owners, and to all customary rights legally subsisting.
Properties shown from “a” to “e” are not to be treated as Government lands. “c” and “d” are relevant for the purpose of this case.
6. When the District Registrar, Kadapa, sought for clarification from the District Collector, Kadapa, the District Collector, issued Circular Reference No.E3/1291/2007, dated 29.04.2007. The District Collector clarified that in view of provision in Section 2(1) of the Act, 1905, any person can claim the rights over the Gramanatham lands. Such clarification would equally apply to this case also.
7. In para-2 of G.O.Ms.No.100, dated 22.02.2014, Government admits that no records are available showing that the lands classified as Gramakantam are the Government lands. In para 4(6), it is stated that the property owned by a private individual or a family in village site, which are used as cattle sheds or for any other agrarian purpose and domestic purpose by way of dwelling houses can be considered to be treated as private property and the persons under whose possession the lands are occupied be allowed to sell away their lands.
8. As evident from the Circular of the District Collector, Kadapa, and the Orders of the Government in G.O.Ms.No.100 dated 22.02.2014, the lands classified as “Grama kantham” are not the Government lands and that there is no restraint for alienation of the said properties. Thus, the decision of the Sub-Registrar in refusing to entertain the deed of conveyance concerning the properties in Sy.No.100/1 of Nagayalanka village, is erroneous.
9. Accordingly, the Writ Petition is disposed of directing the Sub- Registrar, Avanigadda, Avanigadda Mandal, Krishna District (2nd respondent), to receive and process the deed of conveyance concerning the property to an extent of Ac.0.05 cents along with house bearing Door No.169 in R.S.No.100/1 of Nagayalanka Village and Mandal, Krishna District, as and when the same is presented by the petitioner and process the same in accordance with the provisions of Indian Registration Act, 1908 and the Indian Stamp Act, 1899 without raising the objection that the land is classified as Government land. The Sub-Registrar shall complete the registration formalities, if the documents are in order and to release the same. If the Sub-Registrar has any other valid reason for not entertaining the documents, he shall pass a reasoned order and communicate the same to the parties. There shall be no order as to costs.
Miscellaneous petitions, if any pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 13.08.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21838 of 2014 Date: 13.08.2014 kkm