IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29420 of 2014 Between:
Neelamsetty Ramakrishna, S/o. Late Appala Swamy, Age: 43 years, Occ: Business, R/o. Salur Village and Municipality, Vizianagaram District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Registration and Stamps (Revenue) Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29420 of 2014 ORDER:
The case of the petitioner is that he owns house bearing Door No.28-274, in T.S.No.162/2, Assessment No.13-28, 1092006783, situated at Main Road, Old Ward No.14, New Ward No.21, Salur Village and Municipality, Vizianagaram District. The petitioner with an intention to dispose of the property entered into an Agreement of Sale. Accordingly, a Deed of Conveyance was drafted and when the petitioner approached the Sub-Registrar, Salur, Vizianagaram District (3rd respondent), requesting him to furnish market value and permit him to present the Deed of Conveyance, the Sub-Registrar refused to receive and process the same on the ground that the land is classified as ‘Poromboke’ and cannot be permitted for alienation as per the communication furnished by the revenue authorities.
2. When the matter is taken up for consideration, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and the learned Standing Counsel for Municipality represented that the subject matter of this writ petition is covered by the decision of this Court rendered in W.P.No.1339 of 2014 and batch.
3. In W.P.No.1339 of 2014 and batch, after construing the provisions in Section 2(1) of the A.P. Land Encroachment Act, 1905, the proceedings issued by the District Collector, Kadapa, in Circular Reference No.E3/1291/2007, dated 29.04.2007, G.O.Ms.100, dated 22.02.2014, and earlier decision of this Court in W.P.No.23634 of 2012 and batch, this Court held as under:
“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 Gramakantham 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.Nos.159/2 and 162/2 of Salur Municipality is erroneous.”
4. Following the earlier decision of this Court concerning Survey Nos.159/2 and 162/2 falling within the Salur Municipal Limits, this Writ Petition is also disposed of directing the Sub-Registrar (3rd respondent) to furnish market value concerning the property claimed to have owned by the petitioner in T.S.No.162/2 of Salur Municipality and to receive and process the Deed of Conveyance as and when presented by the petitioner, in accordance with the 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 registration formalities, if the document is otherwise in order and 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 petitioner. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.
P.NAVEEN RAO, J Date: 26th September, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29420 of 2014 Date: 26th September, 2014 KL