THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34681 of 2014 Dated : 17.11.2014 Between:
Naguladinne Nagamani W/o.Sarangapani, Hindu, aged about 44 yrs, R/o.Banaganapalle Village and Mandal, Kurnool District, A.P. State .. Petitioner And The Government of A.P., rep., by its Secretary, Revenue Department (Stamps & Registration), A.P. Secretariat, Hyderabad & 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.34681 of 2014 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 – 3rd respondent to the Sub-Registrar, Banganapalle Village and Mandal, Kurnool District–5th 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 petitioner that as a result of said illegal orders, the sale deed document presented by the petitioner is not received and processed. The petitioner state that she is the owner of house bearing Door No.11/74, situated in 11th Ward, in an extent of 121.66 Square Yards, in Survey No.163/1, of Banaganapalle Village, Kurnool District. Due to personal needs, the petitioner intend to sell the above property. When the petitioner submitted an application to the 5th respondent for issuance of certificate of market value of the property in question, the 5th respondent issued market value certificate. Subsequently, the petitioner 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 3rd respondent - District Collector, Kurnool, to the 5th respondent - Sub Registrar, Banaganapalle. Aggrieved by the same, the petitioner 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 also disposed of. The Sub-Registrar, Banaganapalle is 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. No order as to costs.
5. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO,J 17th November, 2014 Rds