IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.20778 of 2014 Between:
Puvvada Rambabu, S/o. Subba Rao, Aged about 50 years, Occ: Cultivation, R/o. Tulluru Village & Mandal, Guntur District.
.. Petitioner AND State of Andhra Pradesh, Rep. by its Principal Secretary, Registration & Stamps Department, Secretariat Buildings, Hyderabad & 5 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.20778 of 2014 ORDER:
The petitioner claims to be the owner of agricultural land to an extent of Ac. 5.16 cents in Survey No.46 of Nelapadu Village, Tulluru Mandal, Guntur District. He entered into an Agreement of Sale and having received full sale consideration, Deed of Conveyance was presented before the Sub-Registrar, Tadikonda, Guntur District (3rd respondent) after paying the requisite stamp duty and registration charges on 19.05.2014. The Sub-Registrar refused to receive the Deed of Conveyance on the ground that a requisition is received from the Executive Officer of Sri Ramalingeswara Swamy Temple, Tenali, informing the Sub- Registrar that the land in Survey No.46 belongs to the said temple. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioner submits that Survey No.46 consists of Ac. 15.46 cents. From out of this Ac.
15.46 cents, the petitioner owns land to an extent of Ac. 5.16 cents and Sri Ramalingeswara Swamy Temple owns Ac. 5.33 cents. This Survey number is not sub-divided till date. In support of his contention that the petitioner owns the land, a copy of Adangal/Pahani, dated 02.06.2004, is enclosed. In the Adangal/Pahani, dated 02.06.2014, against Serial No.6, the name of the petitioner is shown as owner and in possession of an extent of Ac. 5.16 cents acquired by inheritance and against Serial No.7, the temple name is shown as owner and in possession of an extent of Ac. 5.33 cents.
3. On instructions, the learned Standing Counsel representing Sri Ramalingeswara Swamy temple submits that the temple is the owner of land to an extent of Ac. 5.33 cents. Learned Standing Counsel submits that he was instructed to state that the temple has no objection for alienation of the land other than Ac. 5.33 cents.
4. Having regard to the submissions made, though no written reply is given to the petitioner, it appears, in the circumstances of the case, that the Sub-Registrar was refusing to receive the Deed of Conveyance on the erroneous assumption that the land to an extent of Ac. 5.16 cents in Survey No.46 of Nelapadu Village, Tulluru Mandal, Guntur District, is the land belonging to Endowment, which fact is not correct, as evident from the documents enclosed to the writ petition and as asserted by the learned Standing Counsel. Thus, the Writ Petition is disposed of directing the Sub-Registrar, Tadikonda, Guntur District (3rd respondent) to receive and process the Deed of Conveyance on the land to an extent of Ac. 5.16 cents in Survey No.46 of Nelapadu Village, Tulluru Mandal, Guntur District, as and when presented in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, and register and release the document, if the document is otherwise in order. It is made clear that this land, as asserted by the petitioner, does not belong to the temple and the temple land is in addition to the land now proposed for alienation. The 6th respondent–temple shall take steps to demarcate boundaries of its land. 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: 8th August, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.20778 of 2014 Date: 8th August, 2014 kl