HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37264 of 2013 Dated : 17.07.2014 Between:
Samineni Naga Krishna Rao s/o. Venkata Krishnarjuna Rao, Aged about 34 years, Occu: Cultivation, r/o. Patha Tiruvuru, Tiruvuru Mandal, Krishna District and another .. Petitioners And Government of Andhra Pradesh, Revenue (Registration & Stamps) Department, rep. by its Principal Secretary, Secretariat, Hyderabad and others .. Respondents This Court made the following :
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37264 of 2013 ORDER:
Petitioners claim to be the absolute owners of plot of land admeasuring 231.1 square yards in R.S.No.102/3 of Patha Tiruvuru Village, Tiruvuru Mandal, Krishna District. Petitioners claim to have purchased the said land by registered sale deed dated 06.12.2010 bearing document No.4162 of 2010. Petitioners claim that the predecessors in interest of their vendors purchased the total extent of land in public auction conducted by District Munsif Court, Nuzividu, in O.S.No.366 of 1952 on 27.04.1956 and devolved on the vendors of the petitioners through a testament executed by the auction purchaser. The Tahasildar, Tiruvuru in his Certificate, dated 07.06.2008 confirmed that the land is a private Gramakantam land and is not an assigned land. Thus, the status of the land as now disclosed in the revenue records is ‘Gramakantam’. Petitioners intend to dispose of the said property and when approached the Sub-Registrar, Tiruvuru (3rd respondent), the 3rd respondent refused to entertain the deed of conveyance on the ground that the land is classified as ‘Gramakantam’ in the revenue records.
2. Learned counsel for the petitioners submits that as the property was purchased in the Court auction as early as on 27.04.1956, it cannot be classified as ‘Gramakantam’ or Government land and as a consequence to the purchase made in the Court auction, it becomes private patta land. Learned counsel further submits that even if the land is described as ‘Gramakantam’, there is no prohibition from alienation of the land. It is not the Government land nor land belonging to Grampanchayat of the village. The certificate issued by the Tahasildar, Tiruvuru, dated 07.06.2008 also clear that it is not the Government land.
3. Inspite of giving sufficient time, no counter is filed nor instructions were furnished to the learned Government Pleader. As per the material filed in the writ petition, the status of the land in issue is classified as ‘Gramakantam’. Even if the land is described as ‘Gramakantam’, there is no prohibition from alienation of the land.
4. No statutory provision is brought to my notice which prohibit sale of property standing in the name of a particular person, which is classified in the revenue records as Gramakantam. It is appropriate to notice provision in Section 2(1) of the A.P.Land Encroachment Act, 1905. Section 2(1) of the Act, describes which are to be treated as Government property. Section read as under:
Section 2. Right of property in public roads, etc., water and lands:-
(1) All public roads, streets, lanes and paths, the bridges, ditches, dikes and fences, on or beside the same, the bed of the sea and of harbours and creeks below high water mark, and of rivers, streams, nalas, lakes, and tanks, and all canals and water-courses, and all standing and flowing water, and all lands, whenever situated, save in so far as the same are the property,-
(a) of any zamindar, poligar, mittadar, jagirdars, shortriemdar or any person claiming thorough or holding under any of them, or
(b) of any, person paying shist, kattubadi, jodi, poruppu or quit- rent to any of the aforesaid persons, or
(c) of any person holding under ryotwari tenure or in any way subject to the payment of land revenue direct to Government, or
(d) of any other registered holder of land in proprietary right, or
(e) of any other person holding land under grant from the Government otherwise than by way of licence.
and as to lands, save also in so far as they are temples sites or owned as house site or backyard.
be and are hereby declared to be the property of Government except as may be otherwise provided by any law for the time being in force, subject always to all rights of way and other public rights and to the natural and easement rights of other land owners, and to all customary rights legally subsisting.
Properties shown from “a” to “e” are not to be treated as Government lands. “c” and “d” are relevant for the purpose of this case.
5. When the District Registrar, Kadapa, sought for clarification from the District Collector, Kadapa, the District Collector, issued Circular Reference No.E3/1291/2007, dated 29.04.2007. The District Collector clarified that in view of provision in Section 2(1) of the Act, 1905, any person can claim the rights over the Gramanatham lands. Such clarification would equally apply to this case also.
6. In para-2 of G.O.Ms.No.100, dated 22.02.2014, Government admits that no records are available showing that the lands classified as Gramakantam are the Government lands. In para 4(6), it is stated that the property owned by a private individual or a family in village site, which are used as cattle sheds or for any other agrarian purpose and domestic purpose by way of dwelling houses can be considered to be treated as private property and the persons under whose possession the lands are occupied be allowed to sell away their lands.
7. As evident from the Circular of the District Collector, Kadapa, and the Orders of the Government in G.O.Ms.No.100 dated 22.02.2014, the lands classified as “Grama kantham” are not the Government lands and that there is no restraint for alienation of the said properties. Thus, the decision of the Sub- Registrar in refusing to entertain the deed of conveyance concerning the properties in Sy.No.225/2 of Kondukuru Village, Biccavole Mandal, is erroneous.
8. Accordingly, the Writ Petition is disposed of directing the Sub-Registrar, Tiruvuru, Krishna District (3rd respondent), to receive and process the deed of conveyance concerning the plot of land admeasuring 231.1 square yards in R.S.No.102/3 of Patha Tiruvuru Village, Tiruvuru Mandal, Krishna District, as and when the same is presented by the petitioners and process the same in accordance with the provisions of Indian Registration Act, 1908 and the Indian Stamp Act, 1899 without raising the objection that the land is classified as Government land. The Sub-Registrar shall complete the registration formalities, if the documents are in order and to release the same. If the Sub-Registrar has any other valid reason for not entertaining the documents, he shall pass a reasoned order and communicate the same to the parties. There shall be no order as to costs.
Consequently, Miscellaneous petitions, if any, pending in the writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 17.07.2014 kkm THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37264 of 2013 Date : 17.07.2014 kkm