HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.13463 of 2014
Date: 28.04.2014
Between:
S. Khadar Basha AND The Government of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Secretariat, Hyderabad & others .. Petitioner .. Respondents
The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.13463 of 2014 ORDER:
The claim of the petitioner is that he has entered into an agreement with A. Siva Reddy and another in respect of the land covered by Survey No.462 to an extent of Ac.0.75 cents out of Ac.1.23 cents of Bandameeda Kammapalli Village, for a valuable sale consideration. When he approached the Sub-Registrar, Madanapalli, Chittoor District (second respondent) to specify the market value of the said property, the Sub- Registrar refused to furnish the same. Further, the petitioner was orally informed that the land is classified as Government land and therefore, it cannot be processed for registration and no market value can be furnished.
The learned counsel for the petitioner submits that the Encumbrance Certificate issued on 09.04.2014 would disclose that there were several transactions in respect of the property covered by Survey No.462 of Bandameeda Kammapalle Village and that the Sub Registrar has furnished the market value, received and registered the documents and therefore, the action of the Sub Registrar in refusing to furnish the market value of the property in question is illegal.
A perusal of the Re-survey and Settlement Register (RSR) extract filed by the petitioner discloses that the property in question is described as Government land in the said RSR.
Having regard to the submissions made, the Writ Petition is disposed of directing the Sub-Registrar, Madanapalli, Chittoor District (second respondent) to furnish the market value of the land in question, within a period of two weeks from the date of submission of an application by the petitioner, if the Sub- Registrar has earlier entertained the deeds of conveyance and registered in respect of the same property. If the Sub-Registrar has any objection regarding the status of the land in question, he shall communicate reasons to the petitioner. 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: 28.04.2014 va HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.13463 of 2014
Date: 28.04.2014 va