IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1993 of 2014 Between:
Rentala Chitambaraiah, S/o. Anjaneyulu, Aged about 50 years, R/o. Penakacherla Village, Garladinne Mandal, Anantapuram District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1993 of 2014 ORDER:
The petitioner asserts that he is the absolute owner and possessor of Plot in Survey No.445-3B with the dimensions of 66 feet (East–West) x 33 feet (North–South). The petitioner avers that he purchased the land from Masani Krishna Murthy by way of a registered Sale Deed vide Document No.760/2000, dated 11.09.2000, for a valid sale consideration. Ever since, the petitioner is in possession and enjoyment of the said property. With an intention to dispose of the said property, when the petitioner approached the Sub-Registrar, Pamidi, Anantapur District (5th respondent) on 21.01.2014 requesting him to furnish market value for payment of stamp duty, the 5th respondent refused to furnish the market value holding that the land is classified as Government land as informed by the revenue authorities, and, therefore, cannot be processed for alienation.
2. Learned counsel for the petitioner submits that the property is a private land owned by the petitioner having validly purchased in the year 2000 and title was validly passed on to the petitioner. No objection was raised when he purchased the property in the year 2000 and there was no objection for possession and enjoyment of the property by the petitioner as well as his vendors.
Learned counsel for the petitioner further submits that the mere description in the Re-Survey and Re-Settlement Register (R.S.R) showing as dots against the pattadar column cannot be used against the petitioner and cannot be described as Government land.
3. Concerning the same property, W.P.No.20709 of 2013 was instituted aggrieved by non-furnishing of market value and accepting the document for registration. The Tahsildar, Garladinne Mandal, Anantapur District (4th respondent) furnished written instructions to the learned Government Pleader stating that as per the R.S.R, the land in Survey No.445-3B of Garladinne Village and Mandal, admeasuring Ac. 9.00 cents is a Government land, the land was sub-divided and thereafter Survey No.445-3B to an extent of Ac. 6.65 cents was shown in the name of Kuruba Yerramma in the revenue records. The Tahsildar also informed that on thorough verification, the assignment details of this land could not be traced. He further informed that on inspection, he found that the dwelling houses existing and it was no more an agricultural land and that the pattadar and legal heirs sold away the land and several constructions for dwelling houses made. Similar instructions are furnished in the present case also. On consideration of the rival contentions, this Court held that there is no basis for the Sub-Registrar to treat the subject land as assigned land. This Court also held that the land in Survey No.445-3B is not an assigned land. Accordingly, the Writ Petition was disposed of giving directions to the Sub-Registrar to receive and process the deeds of conveyance.
4. Having regard to the submissions made and following the earlier decisions of this Court in W.P.No.20709 of 2013, in the peculiar facts of this case it is held that the decision of the Sub-Registrar treating the subject land as assigned land is erroneous and without any basis. In view of the fact that the revenue authorities do not have the records regarding the assignment details and the revenue authorities have admitted carrying out of sale transactions earlier and existence of dwelling houses for long time, raising an objection against alienation merely on the ground that dots are shown in R.S.R is not valid and, hence, direction is issued to the Sub-Registrar to receive and process the deed of conveyance as and when presented by the petitioner in respect of house plot having dimensions of 66 feet (East–West) x 33 feet (North–South) in Survey No.445-3B of Garladinne Village and Mandal, Anantapur District, and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, and release the document, if the same is otherwise in order.
5. With the above observations, the Writ Petition is disposed of. 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: 5th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.1993 of 2014 Date: 5th June, 2014 KL