THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33830 of 2013 Dated : 02.06.2014 Between:
Rayipudi Joseph, S/o R.Gnana Prakasam, 64 yrs., R/o Lam Village, Tadikonda Mandal, Guntur District and three others .. Petitioners And The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration) Department, Secretariat, Hyderabad and three others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33830 of 2013 ORDER :
The case of the petitioners is that Sri Bathula Abraham was the owner of the land to an extent of Acs.2.16 cents in Survey No.420 of Lam Village, which is a private zeroithi land. He sold the said land to Smt.Mariyamma in 1944. Thereafter, several sale transactions have taken place. Petitioners 1 and 2 have purchased the said land and they are in possession and enjoyment of the same. With an intention to dispose of the said land for their necessities, they have executed two general power of attorneys in favour of Sri V.Malakondaiah and G.Veeraiah vide registered GPA document Nos.8 and 10 of 2013. The petitioners contend that when the deeds of conveyance were presented before the Sub-Registrar, Tadikonda, he has refused to entertain the document on the ground that the Tahsildar, Tadikonda, vide letter dated 19.12.2011 communicated that the land in Survey No.420 of Lam Village is classified as ‘Assessed Waste’. Aggrieved thereby, this writ petition is filed.
2. Learned counsel for the petitioners submits that it is a private patta land and the petitioners have valid title in their favour and therefore, the action of the Sub-Registrar in refusing to entertain deeds of conveyance, is wholly illegal. Learned counsel placed reliance on the earlier decisions of this Court in several writ petitions concerning the land in same survey number.
3. On instructions, learned Government Pleader for Revenue submits that according to the revenue records, the land to an extent of Acs.2.16 cents in Survey No.420 of Lam Village was assigned to Bathula Abraham in 1953 and therefore, it cannot be described as private patta land.
4. Even as per the instructions of Deputy Tahsildar, Tadikonda dated 25.11.2013, the assignment was made prior to 1954. There is no bar from alienating the land assigned prior to 1954. Such restriction is imposed for the first time in 1954. Thus, even according to the stand taken by the revenue department, there cannot be any restriction from alienating the property when it was made prior to 1954. It is also seen from the record that several transactions have taken place on the same property. No objection was raised even when the petitioners purchased the said land.
5. Concerning the same survey number, several writ petitions were disposed of. By an order dated 05.07.2013 in W.P.No.16417 of 2013 and batch, this Court held as under :-
“In that view of the matter, the understanding of the District Registrar, Guntur, that notwithstanding the age old assignment dating back to the year 1924, the subject assigned lands would fall within the ambit of the prohibition envisaged by law is incorrect. The impugned proceedings dated 10.05.2013 of the District Registrar, Guntur, are accordingly set aside. There shall be a consequential direction to the Sub-Registrar, Tadikonda, to receive and process the documents presented by the petitioners in respect of the subject lands without reference to the entries in the revenue records. In the event the said documents are found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar shall complete the registration formalities and release the documents in accordance with the due procedure”.
6. Having regard to the submissions made and in view of the categorical admission of the Deputy Tahsildar that the assignment was made prior to 1954, the objection raised by the Sub-Registrar, Tadikonda, in refusing to entertain deeds of conveyance on the ground that the land is classified as ‘Assessed Waste’, is erroneous.
7. Accordingly, the Writ Petition is disposed of directing the Sub-Registrar, Tadikonda, Guntur District to receive and register the deeds of conveyance concerning the land in Survey No.420 to an extent of Acs.2.16 cents owned by petitioners 1 and 2 without reference to the letter of Tahsildar, Tadikonda vide ROC No.443/2009-B, dated 19.11.2011 if the same are in accordance with the provisions of Indian Registration Act, 1908, and the Indian Stamp Act, 1899. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
JUSTICE P.NAVEEN RAO Date : 02.06.2014 ssp