IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1426 of 2014 Between:
P. Sivamma, W/o. Patil Nagi Reddy, Aged about 45 years, Occ: Cultivation, R/o. Mustoor Village and Post, Bathalapalli Mandal, Anantapur District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Stamps & Registration Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1426 of 2014 ORDER:
Sri Adiandra Katamaiah claims to be the owner of land to an extent of Ac. 05.04 cents, in Survey No.518-2A, situated at Musturu Village, Bathalapalli Mandal, Anantapur District. The petitioner intended to buy the said property, paid the sale consideration and when the petitioner intended to present the document, the Sub-Registrar, Dharmavaram, Anantapur District (5th respondent) refused to receive the same holding that it is an assigned land and, therefore, cannot be processed for alienation.
2. Learned counsel for the petitioner submits that there are several transactions and the vendor of the petitioner purchased long ago. The record disclose that there were transactions much prior to 1954. The Tahsildar, Bathalapalli Mandal, Anantapur District (4th respondent) in his letter, dated 31.07.2013, addressed to the Sub-Registrar, Dharmavaram, Anantapur District (5th respondent) also informed the factum transactions taking place and assignment of land to person by name Boya Kotlo Narayanappa on 15.10.1930 bearing DAR.Dis.311/38.
3. In the instructions furnished by the Tahsildar, Bathalapalli Mandal, Anantapur District (4th respondent) to the learned Government Pleader, the same thing is reiterated. As per the instructions furnished by the Tahsildar, oral partition took place in the family and the land was equally divided between two persons to an extent of Ac. 5.04 cents and accordingly, separate survey numbers are assigned as 518/2A and 2B.
4. It is, thus, clear that assignment was made much prior to 1954 and there is no prohibition from alienation of the lands which were assigned. Therefore, the title is validly accrued on the vendor of the petitioner. Therefore, the objection raised by the Sub-Registrar is not valid.
5. Having regard to the submissions made, the Writ Petition is disposed of directing the Sub-Registrar, Dharmavaram, Anantapur District (5th respondent) to receive the Deed of Conveyance as and when presented by the petitioner and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, without raising the objection that the land was assigned and release the same, 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.
P.NAVEEN RAO, J Date: 28th April, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1426 of 2014 Date: 28th April, 2014 KL