HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.12400 of 2014 Date: 19.06.2014 Between :
P.Shekar Rao s/o. Lalurao, Aged about 51 years, Occu: Agricultural, R/o. 15-30-1, Pathapeta, Dhone Village and Mandal, Kurnool district.
… Petitioner and State of Andhra Pradesh, Department of Revenue, rep.by its Principal Secretary, Secretariat, Hyderabad and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.12400 of 2014 ORDER:
The case of the petitioner is that after the demise of petitioner’s father and mother, ownership and title of the land to an extent of Ac.3.35 cents in Sy.No.357/2B of Dhone village and mandal, is devolved on the petitioner and other legal heirs equally. The other legal heirs have agreed to sell their respective shares in the property to the petitioner. Accordingly, the documents were presented before the Sub-Registrar, Dhone (2nd respondent) for registration. On 28.02.2013, the 2nd respondent passed an endorsement refusing to register the same on the ground that no clarification is received from the Commissioner of Endowments, Hyderabad. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that the land to an extent of Ac.3.35 cents in Sy.No.357/2B of Dhone Village and Mandal is an ancestral property and is a private patta land belonging to the family of the petitioner. Learned counsel submits that petitioner understands that earlier the entire extent of land in Sy.No.357 was treated as land belonging to the temple. On verification of the revenue records, the revenue authorities have clarified that Sy.No.357 was subsequently subdivided as Sy.Nos. 357/1, 357/2A, 357/2B, 357/2C and 357/3. The land to an extent of Ac.1.67 cents in Sy.No.357/3 alone is belongs to Sri Anjaneya Swamy Temple. Rest of the land in other survey numbers including the land to an extent of Ac.3.87 cents in Sy.No.357/2B is a private patta land. On this issue, as early as on 11.06.2009, the District Collector, Kurnool, clarified to the Sub- Registrar and issued instructions to effect the registrations. In the letter addressed by the Revenue Divisional Officer, Kurnool to the Sub- Registrar, Dhone, dated 22.04.2011, the Revenue Divisional Officer has expressed no objection for carrying out the deeds of conveyance. The issue was further considered and on thorough verification of the revenue records as well as records available with the temple, it was noticed that temple has large extent of land in Dhone village and Mandal and Yarraguntla village. Insofar as Dhone village is concerned, in Sy.No.357/3, the temple has land to an extent of Ac.1.67 cents. On detailed verification of the records, the Assistant Commissioner, Endowments Department, Kurnool, submitted a report to the Commissioner, Endowments Department, Hyderabad on 12.11.2013, wherein he categorically stated that the land to an extent of Ac.1.67 cents in Sy.No.357/3 of Dhone village alone belongs to the temple and the land to an extent of Ac.3.87 cents in Sy.No.357/2B is a private patta land. The correspondence on this issue is clear and categorical that the land in Sy.No.357/2B to an extent of Ac.3.87 cents is a private patta land.
3. This being the position, only on the ground that the Commissioner of Endowments has not clarified the status of the land, the Sub-Registrar refused to carry on the registration of the documents presented by the petitioner and such action of the Sub-Registrar is illegal. Due to inaction on the part of the Commissioner of Endowments in taking steps to clarify the status of the land owned by the temple, even though a report was submitted to him, the patta holder cannot be subjected to harassment. More so, when no statutory notification was issued earlier and when the revenue records as well as records of the temple are clear and categorical that land in Sy.No.357/2B to an extent of Ac.3.87 cents is a private patta land. The Sub-Registrar could not have refused to process the deed of conveyance. Thus, the endorsement of the Sub-Registrar dated 28.02.2013 is set aside.
4. Accordingly, the writ petition is allowed. The Sub-Registrar, Dhone, Kurnool District (2nd respondent) is directed to receive and process the deed of conveyance concerning the land to an extent of Ac.3.87 cents in Sy.No.357/2B of Dhone Village and Mandal in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899 and register and release the same to the petitioner if the document is otherwise in order. 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: 19.06.2014 kkm HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.12400 of 2014 Date: 19.06.2014 kkm