HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 19735 of 2013 Date : 29.1.2015 Between :
P Kalpana W/o P shiv Kumar R/o Ankusham village, Bellampally mandal, Adilabad district and others … Petitioners and The Government of A.P., rep.by its Principal Secretary (Stamps & Registration) Department, Secretariat, Hyderabad and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 19735 of 2013 ORDER:
Case of the petitioners is that they are owners of different extents of lands in Survey Nos. 101/41, 101/44, 101/33, 101/67, 101/21, 101/43, 101/47, 101/84, 101/84. 101/63 and 101/85 Anjusham village, Bellampally mandal, Adilabad district and are in possession and enjoyment of the same and pattadar passbooks and title deeds were issued to them and their names are recorded in the revenue records.
2. According to the petitioners the subject lands are private patta lands. The entries in Khasra Pahani for the year 1954-55 land would show that in Survey No. 101/41 to an extent of Ac.8.00 guntas stood in the name of Puttalinga; land in Survey No, 101/44 to an extent of Ac.8.00 guntas stood in the name of Noone Ramaiah; lands in survey No. 101/33 to an extent of Ac.0.50 cents, S No. 101/67 to an extent of Ac.0.60 cents, S.No.101/21 to an extent of Ac.2.00 guntas stood in the name of one Kursiga Soma as pattadar; land in Survey No.101/43 to an extent of Ac.2.00 guntas stood in the name of Degala Pentadu; lands in Survey No. 101/47 to an extent of Ac.3.00 guntas, S No.101/84 to an extent of Ac.1.20 guntas, S.No. 101/85 to an extent of Ac.1.20 guntas stood in the name of Perkala Bakkulu; land in Survey No. 101/63 to an extent of Ac.3.00 guntas, S No.101/84 to an extent of Ac.1.20 guntas, S No.101/85 to an extent of Ac.1.20 guntas stood in the names of Degala Pentadu, Perkala Bakkulu. Third petitioner purchased these properties from original pattedars and /or from their successors, in the names of petitioners 1,2,4 to 7. Thereafter, there was oral partition among the family members and following extents of land have fallen to the share of each of the petitioners:
3. With an intention to dispose of the said properties, when petitioners approached the Sub Registrar, he informed the petitioners that the subject lands are classified as assigned lands as per the list communicated by Mandal Revenue Officer, Bellampally vide his Letter No.B/46/07 dated 6.2.2007 and therefore no particulars can be furnished and deeds of conveyance cannot be processed for registration. Aggrieved thereby, petitioners instituted this writ petition.
4. The District Collector filed counter affidavit. By way of tabulated statements, the details of names of pattaders as per Khasra Pahani for the year 1954-55 are mentioned and there is no dispute about the same. In para 7 of the counter, District Collector states as under:
“7. In reply to paras 10 to 17 of the affidavit filed by the petitioners, it is submitted that during the year 2007 vide this office reference NO. B/46/2007 dated 26.2.2007 village wise list of assignees were communicated to the Sub Registrar, Asifabad as per the instructions issued by the then Collector, Adilabad vide reference No.B4/06/2007 dated .2.2007 in which the name of Jadi Dharmaiah S/o Vittu was included against Sy No.101/47 extent 4.00 acres. As such it attracts the A.P. Lands (POT) Act, 1977 (Amendment Act) 2007. According to which the assigned lands are heritable but not alienable. As such the Sub-Registrar has not considered the request of the petitioners. But there is no record of evidence available in this office with regard to the year of assignment and there is no record whether the above lands were originally assigned.”
5. The District Collector also states that the names of petitioners are reflected in the revenue records.
6. Learned counsel for petitioner contends that the lands purchased by petitioners were originally classified as private patta lands and on due verification of revenue records, petitioners purchased them. Petitioners were put in possession and are in enjoyment of the said lands for several decades. At no point of time, their possession and enjoyment is objected. Names of petitioners are reflected in the revenue records. Pattedar passbooks and title deeds are issued to them. He therefore submits that treating the said lands as assigned and prohibiting from alienation is illegal.
7. The District Collector states that no records are available to show that the land was assigned. It is therefore apparent that the claim of petitioners is not disputed. There is no basis for the Revenue Authorities to hold the lands in the survey numbers mentioned above as assigned lands.
8. In view of the categorical statement of the District Collector that subject lands are patta lands as reflected in the revenue records since 1955- 56 and the possession and enjoyment all along by family of the petitioners is not disputed and in the absence of records to disclose the date of assignment and nature of assignment, directing the Sub Registrar not to entertain the deeds of conveyance is erroneous.
9. Accordingly, the writ petition is disposed of directing the Sub Registrar-Asifabad, Adilabad district to furnish the market value of the properties in issue and receive the deeds of conveyance as and when presented and process the same in terms of Registration Act, 1908, and the Indian Stamp Act, 1899 and if the deeds are otherwise in order, register and release same without reference to letter No.B/46/07 dated 6.2.2007 of Mandal Revenue Officer, Bellampalli. If the Sub Registrar has any other valid reason for rejecting registration, he shall pass appropriate orders assigning the reasons and communicate the same to the petitioners. The observations made herein above are only for the purpose of registration of documents as per the Registration Act. Mere registration shall not dis-entitle the State asserting its title by due process of law. No costs. Sequel to the same, miscellaneous petitions, if any stand dismissed.
P NAVEEN RAO,J DATE: 29-1-2015 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 19735 of 2013 Date : .1.2015 tvk