THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33490 of 2014 Dated : 24.11.2014 Between:
P. Lokendra Venkata Prasad, S/o.Ramanadham, Aged 49 yrs, Occu : Agriculture, R/o.Sattupalli Village and Mandal, Khammam District .. Petitioner And The Government of Telangana, Rep., by its Principal Secretary, Stamps & Registration, Secretariat, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33490 of 2014 ORDER :
The petitioner claims to be the owner and in possession and enjoyment of the land measuring Ac.4-00 in Survey No.1458/OW2, 2/1 and an extent of Ac.1-00 in Survey No.1458/KHA/1, of Lingampalli Village, Dammapeta Revenue Village, Sattupalli Mandal, Khammam District. The petitioner intend to dispose of the said properties and when approached the Sub-Registrar, Sattupalli, Khammam District (2nd respondent), the 2nd respondent refused to entertain the deed of conveyance on the ground that the said land is classified as Government Land. Aggrieved thereby this writ petition is instituted.
2. Learned counsel for the petitioner contends that the subject land is a private patta land and the petitioner is in possession and enjoyment of the said properties, and pattedar pass books and title deeds are issued in favour of the petitioner. All the revenue records show that the land is a private patta land of the petitioner. In support of the said contention, relevant entries in pahanies, and pattedar pass books are enclosed to the writ petition paper book.
3. The 2nd respondent filed counter affidavit. According to him, so far no such document was presented before him. Therefore, the question of 2nd respondent expressing any opinion on the status of land would not arise. The 2nd respondent further states that if the petitioner submits the pattedar pass books, title deeds and other relevant records, for establishing his title and ownership on the subject land, and if the subject land does not come under the prohibited list, he shall verify the relevant records and process the deed of conveyance.
4. There is no material in support of the claim of the petitioner that he has presented the document for registration before the 2nd respondent and that the 2nd respondent refused to receive the same.
5. Learned counsel for the petitioner submits that when the petitioner approached the 2nd respondent, he orally informed the petitioner that the status of the land is classified as Government Land. Therefore, the document was not presented for registration.
6. Having regard to the same, this Writ Petition is disposed of giving liberty to the petitioner to present the deed of conveyance along with relevant documents in support of his claim, establishing his title. As and when such document is presented, the 2nd respondent shall process the same in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899, including verification of the status of land and shall pass appropriate orders as warranted by law. If the 2nd respondent is of the opinion that the document cannot be registered, he shall assign reasons for such opinion and communicate the same to the petitioner. Such exercise shall be completed within a period of three weeks from the date of presentation of the document for registration. There shall be no order as to costs.
7. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
P.NAVEEN RAO,J 24th November, 2014 Rds