IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE TWENTIETH DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16923 of 2014 Between:
S. Hussain Vali, S/o. S. Hussain Saheb, Aged about 37 years, Occ: Coolie, R/o. H.No.2/76A, Banaganapalle Village, Banaganapalle Mandal, Kurnool District.
.. Petitioner AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, (Stamps & Registration), Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16923 of 2014 ORDER:
The petitioner owns and possess the property bearing House No.2/76A, situated in Banaganapalle Nagar Panchayath and Mandal, Kurnool District, which was built in a plinth area of 360 square feet and existing in an extent of 48.61 square yards. The said house is in Survey No.163/1 of Banaganapalle, Kurnool District. Due to financial crises, the petitioner intend to dispose of the property and made an application to the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (5th respondent) for issuance of market value certificate, but the 5th respondent refused to issue the same on the ground that the land in Survey No.163/1 is prohibited for registration. Therefore, no registration can be made and thus no market value certificate can be issued.
2. Vide letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, the land in Survey No.163/1 of Banaganapalle Village is also included in the prohibited area and the Sub-Registrar, Banaganapalle Village requested not to entertain any document for registration concerning the said survey number.
3. On the same issue, this Court passed several orders and inspite of the same, the concerned authority is refusing to issue valuation certificate and for entertaining the documents for registration. The approach of the respondents is deprecated.
4. In W.P.No.20076 of 2012 this Court passed the following order :-
“Inasmuch as the house property of the petitioner admeasuring Acs.36.66 square yards is situated in Survey No.163/1 of Banaganapalle Village and Mandal, Kurnool District, which was originally included in the list of properties prohibited from registration and, now, basing on the written instructions, it is submitted that recommendations have already been made for deletion of the entire Survey No.163/1, admeasuring Acs.78.25 cents, from the properties prohibited from registration under the Registration Act, 1908, 5th respondent herein is directed to receive and process the document that may be presented by the petitioner for sale of the house property in question, without treating the same as Government property. It is clarified that, it is open to the 5th respondent to verify whether the said document is in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899.”
5. For the reasons alike, this Writ Petition is also disposed of directing the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (5th respondent) to issue market value certificate and as and when the deed of conveyance is presented for registration of the property bearing House No.2/76A, situated in Banaganapalle Nagar Panchayath and Mandal, Kurnool District, the 5th respondent shall receive and process the same without reference to the letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, subject to the document presented for registration being in accordance with the requirements of the 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.
P.NAVEEN RAO, J Date: 20th June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.16923 of 2014 Date: 20th June, 2014 KL