HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. 10829 of 2014 Date : 18 .06.2014 Between:
Nataru Krishna Reddy s/o. Munuswami Reddy, Aged 80 years, R/o.D.No.5-39, Kaluvagadda, Tiruchanur Village, Tirupathi Rural Mandal, Chittoor District and others.
.. Petitioners And Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue, Stamps and Registration Department, Nampally, Hyderabad and others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10829 of 2014 ORDER:
The case of the petitioners is that 1st petitioner owns land to an extent of Ac.0.59 cents in Sy.No.287/6, petitioners 2 and 3 own Ac.1.26 cents in Sy.No.308/3, Ac.0.07 cents in Sy.No.301/7A and Ac.0.30 cents in Sy.No.301/7C of Tiruchanur Village, Tirupathi Rural Mandal, Chittoor District. Petitioners aver that they were granted ryothwari pattas by the Inam Deputy Tahsildar, Chittoor. Petitioners 1 to 3 intend to sell the above described properties to the petitioners 4 and 5. The deeds of conveyance entered into between the petitioners 1 to 3 and petitioners 4 and 5 were presented before the Sub- Registrar, Yirupathi Rural, Tirupathi (5th respondent) and paid stamp duty and registration fee, but so far the 5th respondent has not registered and released the documents. Petitioners were not furnished any reason for non-registration. However, petitioners are given to understand that the Sub-Registrar refused to receive and process the deed of conveyance on the ground that communication sent by the Commissioner of Endowments included the properties claimed by the petitioners in the list of prohibited properties.
2. Learned counsel for the petitioners placed reliance on the decision of this Court in W.P.No.222 of 2013 dated 15.02.2013. The writ petition was disposed by following the earlier decision in W.P.No.30526 of 2012 and batch, dated 31.12.2012. In the judgment dated 31.12.2012, this Court issued the following directions:
“In cases of alienation of properties which are claimed to belong to Religious and Charitable Endowments falling under the A.P.Hindu Religious Institutions and Endowments Act, 1987, or Wakfs falling under the Wakfs Act, 1995, unless relevant material is available before the Registering officers to show that they are owned by such Institutions, registration of the documents shall not be refused. Even if evidence is available to show that the properties sought to be alienated belong to the Institutions referred to above, the Registering officers shall receive the documents, pass orders assigning reasons for rejection and communicate the same to the parties concerned, who shall be free to assail such orders by availing the remedy of appeal under Section 72 of the Act”.
3. In the light of the above judgment, this writ petition is disposed of with the direction to the Respondent No.5 to receive the document sought to be presented by the petitioners and deal with the same in accordance with the directions of this Court in W.P.No.30526 of 2012 and batch dated 31.12.2012 extracted above. 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: 18.06.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.10829 of 2014 Date: 18.06.2014 Kkm