THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23817 of 2014 Dated : 19.09.2014 Between:
R. Srihari Prasad, S/o. late R.C.Venkataswamy, Aged about 53 yrs, Occu : Agriculture, R/o.H.No.40/447-4, Gypson Colony, Kurnool City, Kurnool District.
.. Petitioner And Government of Andhra Pradesh, rep., by its Principal Secretary, Revenue, (Stamps and Registration) Department, Secretariat Buildings, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23817 of 2014 ORDER :
The case of the petitioner is that on 16.02.2011 by way of three different transactions from three different persons, the petitioner purchased total extent of Ac.6-00 in Survey No.225 of Munagalapadu Village, Kurnool District. The petitioner intended to register the sale transaction initially and since the registering authority insisted for obtaining No Objection Certificate, he filed W.P.Nos.6326, 6327 and 6337 of 2014 and the said writ petitions are disposed of by a common order on 05.03.2014, directing the registering authority to receive and process the deeds of conveyance without insisting for No Objection Certificate from the revenue authorities. Accordingly, the documents were presented. The Joint Sub-Registrar, Kurnool (2nd respondent) received the documents and assigned P.Nos.58, 59 and P.No.60 of 2014 and subsequently on 17.05.2014, the 2nd respondent addressed a letter to the Inspector-Auditor, A.P. State Wakf Board, seeking clarification about the status of land in Survey No.225. A copy of the same was also marked to the petitioner. Since no information is furnished by the Wakf Board so far, the documents were not processed by the registering authority. Hence, the writ petition.
2. Learned counsel for the petitioner submits that on 05.12.2013, the petitioner addressed a letter to the Joint Collector, Kurnool District enclosing all the relevant documents in support of his claim that there are several sale transactions from the year 1931 and that it is private land and the land never belonged to the Wakf Board. Learned counsel for the petitioner further submit that no orders are passed by the Joint Collector, Kurnool, on his representation. Today the Joint Collector, Kurnool, Kurnool District is impleaded as 3rd respondent in view of the fact that the representation is submitted to the Joint Collector, Kurnool, bringing to his notice that there have been several transactions since the year 1931, at no point of time, objection was raised on the alienation of the properties and that this land is not a Wakf property and is not an assigned land.
3. Though sufficient time is granted, learned Government Pleader is unable to make submissions since no instructions are furnished and specifically states that the officers are not furnishing instructions.
4. Having regard to the submissions made, without expressing any opinion on merits, the Writ Petition is disposed of directing the Joint Collector, Kurnool, Kurnool District (3rd respondent) to pass orders on the representation submitted by the petitioner on 05.12.2013, within a period of two weeks from the date of receipt of a copy of this order. If the 3rd respondent, accepts the request of the petitioner and appropriate orders are passed, the same shall also be communicated to the Joint Sub-Registrar, Kurnool, Kurnool District (2nd respondent) and the 2nd respondent shall accordingly process and if there is no objection on the status of the land, he shall register and release the document within a period of two weeks from the date of receipt of orders from the 3rd respondent. If the petitioner is aggrieved by the adverse decision of the 3rd respondent, it is open to him to work out his remedies. There shall be no order as to costs.
5. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO,J
19th September, 2014 Rds