THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24171 of 2014 Dated : 22.08.2014 Between:
P.Hasan Ahammed, S/o T.P.P. Umar set, 41 yrs., R/o H.No.13/28, Bhanumukkala Village, Banaganapalle Mandal, Kurnool District.
.. Petitioner And The Sub-Registrar, Banaganapalle, Kurnool District and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24171 of 2014 ORDER :
The petitioner claims that he is the owner of the house bearing No.9, 9th ward to an extent of 82.63 square yards in Survey No.163/1 of Banaganapalle Village, Kurnool District. He avers that the said house is allotted to his share in the family settlement. The petitioner intended to execute the partition deed to that extent and approached the Sub-Registrar for market value certificate. The Sub-Registrar refused to issue market value certificate on the ground that the land in Survey No.163/1 of Banaganapalle Village is included in the prohibited property list furnished by the District Collector in his letter dated 17.01.2012.
2. Learned counsel for the petitioner submits that the land in Survey No.163/1 is the subject matter of several writ petitions in this Court.
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 disposed of directing the Sub- Registrar, Banaganapalle 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.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 22.08.2014 ssp