IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WRIT PETITION No.28915 of 2014 Dt: 24.09.2014 Between:
S.Abdul Rawoof, S/o.S.Mohammad Ghouse, Muslim, aged 50 years, R/o.Bhanumukkala, Banaganapalle Mandal, Kurnool District .. Petitioner AND The Government of A.P., Rep. by its Secretary, Revenue Department (Stamps & Registration), A.P. Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
ORDER:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28915 of 2014 The case of the petitioner is that petitioner is the absolute owner and possessor of the house site existing in an extent of 63.88 square yards, situated in 16th Ward in Survey No.81/1A1 of Bhanumukkala Village, Banaganapalle Mandal, Kurnool District. Due to personal needs, the petitioner intends to dispose of the said property. He submitted an application on 25.08.2014 to the Sub-Registrar, Banaganapalle, Banaganapalle Mandal, Kurnool District (5t h respondent) for the purpose of Market Value Certificate. The 5t h respondent instead of issuing Market Value Certificate, issued proceedings, dated 25.08.2014, stating that the property covered by Survey No.81/1A1 of Bhanumukkala Village is prohibited property. Aggrieved thereby, this writ petition is instituted.
2. The petitioner placed reliance on the decision of this Court in W.P.No.17917 of 2013 concerning the same survey number. This Court disposed of the Writ Petition after hearing the learned Government Pleader, who submitted instructions furnished by the Tahsildar, Banaganapalle, Banaganapalle Mandal, Kurnool District (4t h respondent). It is represented on behalf of the Government that the land is noted as poramboke (gramakantam) in the Re-survey and Settlement Register (RSR) of Bhanumukkala Village and, therefore, cannot be registered. The said objection was over ruled in the above judgment. This Court held as under:
“that mere communication that the subject land is a gramakantam as per the revenue record has no real consequence. In the event there is a little dispute with regard to such land, the Government would necessarily have to assert and establish its title before the competent forum in accordance with law. It cannot unilaterally prohibit registration of documents in respect of such land basing on such revenue entries”.
3. Learned Assistant Government Pleader agrees that the subject matter of this writ petition is similar to the earlier decision of this Court in W.P.No.17917 of 2013.
4. For the reasons alike, this Writ Petition is also disposed of directing the Sub-Registrar, Banaganapalle, Banaganapalle Mandal, Kurnool District (5th respondent) to receive and process the document presented by the petitioner in respect of the house site existing in an extent of 63.88 square yards, situated in 16th Ward in Survey No.81/1A1 of Bhanumukkala Village, Banaganapalle Mandal, Kurnool District, without reference to the entries in the revenue records. In the event the document presented is found to fulfill the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, the 5t h respondent shall complete the registration formalities and release the document in accordance with the due procedure. 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: 24th September, 2014 Rns HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28915 of 2014 Date: 24th September, 2014 Rns