HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 33030 of 2013 Date: 18.6. 2014 Between :
Polu Suresh Babu S/o Venganna Aged 32 years R/s. Lingala Street Mannuru village and post, Rajampet mandal, kadapa and another and The Govt of A P Rep by its Principal Secretary, Revenue Department, A P Secretariat, Hyderabad & ors … Petitioners … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 33030 of 2013 ORDER:
Second petitioner herein is absolute owner and possessor of agricultural land to an extent of Ac. 4.37 cents i.e., Ac.1.26 cents in Sy No. 1141 and Ac. 3.11 cents in Survey No.1142, Tallapaka village, Rajampet mandal, Kadapa district. It is contended that originally land was in possession and enjoyment of one Peruri Nagaiah and after his demise, by his son P.Narasaiah who is great grand father of second petitioner. In the said manner the said land vested in the second petitioner. Second petitioner was given pattadar passbook and has been cultivating the land. First petitioner herein is purchaser of the said property and when he approached the 4th respondent –Sub Registrar, Rajampet, kadapa district to furnish market value of the property, same was refused. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for petitioners contends that property being private patta land and it being neither assigned nor included in the prohibited list of properties, the Sub Registrar has no competency or jurisdiction to refuse to receive deeds of conveyance for the purpose of registration and therefore the action of not furnishing the market value of private land is illegal.
3. On instructions, learned Government Pleader submits that as per RSR of the village, the subject land is classified as ‘Cheruvu Thattu’, however, in the adangal, the name of Peruri Krishnaiah is mentioned against both extents of land. It is also admitted that land is not assigned but is classified as ‘Cheruvu Thattu’.
4. As per the revenue records as enclosed in the material papers along with writ petition, property is shown as private patta land. Petitioners contend that second petitioner is cultivating the land. Even assuming that the property is shown as ‘Cheruvu Thattu’, when there is no prohibition on cultivation and ownership and when the land is not classified otherwise for prohibiting alienation, the Sub Registrar has no authority or competency to refuse to furnish the market value and receive the deeds of conveyance.
5. Accordingly, the writ petition is disposed of directing the 4th respondent to furnish the market value for the land admeasuring Ac.1.26 cents in Survey No. 1141 and Ac. 3.11 cents in Survey No.1142, Tallapaka village, Rajampet mandal, Kadapa district and receive the deeds of conveyance as and when presented, process the same in accordance with Registration Act, 1908, and the Indian Stamp Act, 1899 and release the deeds of conveyance, if otherwise in order.
Sequel to the same, miscellaneous petitions, if any stand dismissed.
P NAVEEN RAO,J DATE:18.6.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 33030 of 2013 Date: 18.6. 2014