IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26741 of 2014 Between:
Penumatsa Ramakrishna Raju, S/o. Rama Raju, Aged 52 years, Occ: Business, R/o. B-3, 3rd Floor, Anne Towers, Venkateswara Nagar, Vijayawada, Krishna District.
.. Petitioner AND The Government of Andhra Pradesh, Stamps and Registration Department, Secretariat Buildings, Hyderabad, Rep. by its Principal Secretary & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26741 of 2014 ORDER:
The case of the petitioner is that he is the absolute owner of total extent of land of Ac. 9.57 cents i.e., Ac. 1.06 cents in R.S.No.18/4, Ac. 3.00 cents in R.S.No.18/3, Ac. 0.93 cents in R.S.No.23/2 and Ac. 4.58 cents in R.S.No.24/2 of Sunkollu Village, Nuzvid Mandal, Krishna District. The petitioner claims that the said property was purchased by him vide registered Sale Deed bearing Document No.3492 of 1996, dated 01.11.2006. The petitioner further avers that the vendor of the petitioner purchased the said property on 26.12.1996 and pattadar passbook and title deeds were issued in favour of the vendor. The vendor’s vendor purchased the said property on 16.05.1984 and so on the petitioner traces the sale transactions on the said property to 07.11.1950. He, therefore, contends that it is a private patta land.
2. With an intention to dispose of the property, when the petitioner approached the Sub-Registrar, Nuzvid, Krishna District (3rd respondent), the petitioner was informed that the land which the petitioner claims to alienate is classified as belonging to Sri Venkatachala Swamy Vari Temple and, therefore, cannot be alienated and no information can be furnished. Aggrieved thereby this writ petition is instituted.
3. On behalf of the 4th respondent, Sri G. Hari Gopinath Babu, Executive Officer of Sri Venkatachala Swamy Vari Temple, filed counter affidavit as well as additional counter affidavit.
4. In the counter affidavit, it is averred that Sri Venkatachala Swamy Vari Temple is having huge extent of land in Sunkollu Kandrika which is hamlet of Sunkollu Village. Originally, the land to an extent of Ac. 134.87 cents was standing in Old Survey Nos.23, 24 and 25 of Sunkollu Kandrika, which was granted Patta No.420. In Old Survey Nos.1 to21, the extent of land was Ac. 239.36 cents. In the additional counter affidavit filed by Sri G. Hari Gopinath Babu, Executive Officer of Sri Venkatachala Swamy Vari Temple, on 24.11.2014, specifically it is averred that the entire land belonging to the temple is situated only in Sunkollu Kandrika and the temple has no property in Sunkollu Village.
5. Learned counsel for the petitioner submits that in a letter bearing No.72/2011, by Sri D.S.R.V. Prasada Rao, Executive Officer of the Temple, dated 21.11.2011, to the Sub-Registrar, Nuzvid, Krishna District (3rd respondent), the Executive Officer requested the Sub-Registrar not to entertain Deeds of Conveyance in the Survey numbers mentioned therein in Sunkollu Kandrika Village as mentioned in the letter, whereas the Sub-Registrar is treating the land of the petitioner which is in Sunkollu Village as prohibited by referring to the said letter.
6. Having regard to the specific averments of the Executive Officer in the counter affidavit and additional counter affidavit and having regard to the letter addressed by the Executive Officer to the Sub-Registrar, Nuzvid, Krishna District (3rd respondent), dated 21.11.2011, which is placed on record, the objection raised by the Sub-Registrar in refusing to entertain the request of the petitioner or the information sought by him is erroneous.
7. Accordingly, the Writ Petition is disposed of directing the Sub-Registrar, Nuzvid, Krishna District (3rd respondent) to furnish the information as requested by the petitioner and to receive and process the Deed of Conveyance as and when presented by the petitioner in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, and register and release the same, if the same is otherwise in order, except to the earlier objection of the land as belonging to Sri Venkatachala Swamy Vari Temple, Nuzvid, Krishna District. 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: 11th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.26741 of 2014 Date: 11th December, 2014 KL