HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.6408 of 2014 Dated : 29.04.2014 Between:
Namburi Venkataramaiah, s/o. Krishna Murthy, Aged about 45 years, Q.No.4-72, R/o. Yuganath, 4th Ward, Avani Gadda, Krishna District.
And The Government, rep.by its Principal Secretary, Revenue Department (Registration), Secretariat Buildings, Hyderabad and others .. Petitioner .. Respondents This Court made the following :
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.6408 of 2014 ORDER:
The case of the petitioner is that he is the owner and in possession of residential plot and house admeasuring to an extent of 5/1/2 cents in Re-Survey No.284/2A of Avanigadda Village and Mandal, Krishna District. Petitioner intends to dispose of the said property and when document was presented before the Sub-Registrar, Avanigadda, Krishna District (2nd respondent), the 2nd respondent refused to receive the same on the ground that the land is classified by the Government as “Grama Kantam” in the adangal of the village. Aggrieved thereby, this writ petition is filed.
2. Learned counsel for the petitioner submits that the property of the petitioner is a private patta land. The objection raised by the respondents is illegal. Learned counsel further submits that even assuming that the classification of the land is “Grama Kantam”, it cannot automatically be treated as Government land and there is no prohibition from alienation of the said property even if it is classified as “Grama Kantam”.
3. On instructions, learned Government Pleader submits that the land is classified as “Grama Kantam” in the revenue records and, therefore, can not be processed for registration.
4. 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.
5. 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.
6. 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.
7. 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.284/2A of Avanigadda Village and Mandal, is erroneous.
8. Accordingly, the Writ Petition is disposed of directing the Sub-Registrar, Avanigadda, Krishna District (2nd respondent), to receive and process the deed of conveyance concerning the residential plot and house admeasuring to an extent of 5/1/2 cents in Re- Survey No.284/2A of Avanigadda 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 Gramakantam land. The Sub-Registrar shall complete the registration formalities, if the document is in order and to release the same. If the Sub- Registrar has any other valid reason for not entertaining the document, he shall pass a reasoned order and communicate the same to the parties. There shall be no order as to costs.
Consequently, Miscellaneous petitions, if any, pending in the writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 29.04.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.6408 of 2014 Dated : 29.04.2014 kkm