THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13192 of 2014 Dated : 25.04.2014 Between:
S.Khadar Basha, S/o Ahammad Ali, Muslim, 42 yrs., R/o Dhone, Dhone Mandal, Kurnool District.
.. Petitioner And The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department, Secretariat and four others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13192 of 2014 ORDER :
This writ petition is instituted declaring the list of immovable properties in Survey No.163/1 of Banaganapalle Village, furnished by the District Collector, Kurnool, Kurnool District (3rd respondent), to the Sub-Registrar, Banganapalle Village and Mandal, Kurnool District (5th respondent), vide Lr.R.dis.E2/2845/2010, dated 17.01.2012, and the consequential endorsement of the 5th respondent, dated 16.04.2014, whereunder prohibiting the registration of the property in Survey No.163/1 of Banaganapalle Village in Kurnool District, as arbitrary and illegal.
2. It is contended by the petitioner that as a result of said illegal orders, the relinquishment deed document presented by the petitioner is not received and processed. The petitioner states that he and his brother Khaja Basha are the absolute owners and possessors of the site admeasuring 84.69 square yards in 7th ward of Survey No.163/1 of Banaganapalle Village. The said Khaja Basha intends to relinquish his share in favour of the petitioner. Hence the petitioner submitted an application to the 5th respondent for issuance of market value certificate. The 5th respondent instead of issuing the market value certificate made the impugned endorsement stating that the property covered in Survey No.163/1 of Banaganapalle Village is prohibited property, as per the list of immovable properties furnished by the 3rd respondent to the 5th respondent, dated 17.01.2012. Aggrieved by the same, the petitioner filed this writ petition.
3. Concerning the property in respect of the same survey number, following the order in W.P.No.28546 of 2012, dated 18.09.2012, this Court by order, dated 04.07.2013, allowed W.P.No.19070 of 2013 holding the action of the Sub-Registrar in refusing to receive and process the sale deed document as illegal. The said order reads as under :-
“For reasons alike as were mentioned in the said order, this writ petition is allowed holding that there is no basis for the inclusion of the petitioner’s land in Survey No.163/1 of Banaganapalle Village, in the list of prohibited properties communicated by the Revenue Authorities to the Registration Authorities. In the event the Government claims the subject land as its own, it is open to it to initiate appropriate proceedings before the competent forum in that regard and seek cancellation of the registered transactions thereafter. The endorsement dated 01.07.2013 of the Sub- Registrar, Banaganapalle, is accordingly set aside. The Sub-Registrar, Banaganapalle, is accordingly directed to receive and process the document presented by the petitioner in respect of the subject land without reference to the letter 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.”
4. Following the above decision, this Writ Petition is disposed of directing the Sub- Registrar, Banaganapalle to receive and process the document presented by the petitioner in respect of the subject site without reference to the letter, 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.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 25.04.2014 ssp