HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.28546 of 2014 Date: 13.10.2014 Between :
Smt. P.Obulamma, w/o. Pathakota Venkata Ramana Reddy, Aged about 40 years, R/o. D.No.26/635, Vasanthapeta, Proddutur, Cuddapah District.
… Petitioner and The Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.28546 of 2014 ORDER:
The case of the petitioner is that the father-in-law of vendors vendors of the petitioner purchased the property to an extent of 111.36 square yards in Sy.No.433 of Rameshwaram Village, Proddatur Mandal, Cuddapa District vide document No.128/1956 and another extent vide document No.180/1969 dated 17.05.1969. In the family partition, vendors vendors of the petitioner succeeded the above property through partition deed vide document No.5179 of 2005, dated 19.09.2005. Petitioner asserts that since 1956, vendors predecessors are in title and prior to that their vendors are in peaceful possession and enjoyment of the property. Petitioner has purchased the said property on 09.01.2014 and paid full sale consideration and also stamp duty. The sale deed was executed by Badweli Naga Muni Reddy on 09.01.2014 and when presented the same before the Joint-Registrar-I, Proddutur for registration, the Sub-Registrar issued intimation of refusal dated 22.02.2014 informing the petitioner that the land in dispute is classified as ‘Vadla Inam’, and as such no deed of conveyance can be processed for registration.
2. Learned counsel for the petitioner submits that it is not the ‘Vadla Inam’ as contended by the respondents and the vendors of vendors of the petitioner are in continuous possession and enjoyment of the property since 1956. Even assuming that the land was originally assigned as ‘vadla inam’, there is no bar from alienation of the land as held by this Court in several decisions. The decision of this Court in W.P.No.35558 of 2013 and batch dated 01.04.2014 is enclosed to the writ petition material book at page No.69. Concerning the land classified as ‘Mangala Inam’ judgment was rendered by this Court in W.P.No.15804 of 2013 dated 21.08.2013.
3. After considering the judgment of this Court in W.P.No.15169 of 2009, W.P.No.4085 of 2014 is disposed of. In W.P.No.15169 of 2009, this Court considered the objection that the subject land was classified as ‘Kummara Inam’ and, therefore, document could not be processed for registration. This Court construed the provisions in Section 22 of the Indian Registration Act, 1908 and held as under:
“In the light of the aforestated provision, the prohibition with regard to registration of documents in respect of Government lands arises out of the publication of a notification under clause (e). Admittedly, there is no notification under Section 22-A of the said Act in respect of Survey No.250 of Proddatur Village. In the absence of a prohibition relatable to law, it is not open to the revenue authorities to stall the registration of documents by the registration authorities on the basis of a mere communication based on revenue records. The classification of the subject land in Survey No.250 basing on such revenue records posing a bar to the entertainment for registration of the document presented by the petitioner cannot be countenanced. If the Government seeks to assert its title over the subject land contrary to the evidence manifested by the registered transactions dating back to 1955, it is for them to do so in a properly constituted proceeding before the appropriate forum. By mere recourse to an entry in the R.S.Register, Proddatur, the Government cannot seek to wipe out the events borne out by record and claim title.”
4. Learned Government Pleader produced written instructions furnished by the Tahsildar, Proddatur Mandal, which also disclosed that assignment was made as ‘Vadla Inam’ much prior to 1954. They also admitted that the land to an extent of Ac.2.46 cents is being utilized for the house site plots.
5. In view of the earlier orders of this Court concerning the status of the land assigned as ‘Inam’ to various persons, by name, ‘Mangala’, ‘Kummara’, ‘Vadla’ categories, this writ petition is also disposed of directing Joint Sub-Registrar-I, Proddutur, YSR Kadapa District, to receive and process the deed of conveyance presented before him, wherein he has assigned P.No.1/2014 dated 09.01.2014, in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899 ignoring the earlier objection that the land is classified as ‘Vadla Inam’ and cannot be processed for registration and if the document presented before him is otherwise in order, he shall register and release the same to the petitioner. However, it is open to the Government to assert its title by following the due process of law and mere registration of deed of conveyance does not take away such right of the Government to establish its title. 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 : 13.10.2014 kkm HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.28546 of 2014 Date: 13.10.2014 kkm