THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23335 of 2014 Dated : 13.08.2014 Between:
Somala Lakshmamma, W/o late Somala Munaswamy, 59 yrs., Cultivation, R/o Rampalle Village, Bheemaganipalle post and panchayat, Punganur Mandal, Chittoor District and others .. Petitioners And The Government of Andhra Pradesh, Rep. by its Principal Secretary (Revenue Department), A.P. Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23335 of 2014 ORDER :
The case of the petitioners is that they purchased the land to an extent of Ac.0.62 cents in Survey No.369/5 of Bheemaganipalle Village, Punganur Mandal, Chittoor District, by way of registered sale deed bearing document No.795, dated 07.04.1994. The petitioners alleged that children of vendor of the petitioners again sold the said property on 24.07.2013 to third parties. The grievance of the petitioners is that the purchasers of the said property are now trying to further alienate the same and create some more third party interest. In order to avoid such third party interest, the petitioners filed a petition before the District Collector, Chittoor seeking direction to Sub-Registrar, Punganur, not to entertain any registration in favour of others. The Sub-Registrar, Punganur, vide proceedings dated 26.05.2014 informed the petitioners that he has no authority to prevent registration of deed of conveyance unless there is any restraint order by a competent Court. Aggrieved thereby, this writ petition is instituted.
2. Learned counsel for the petitioners submits that the second sale made by the children of vendor of the petitioners in 2013 is wholly illegal. He further submits that consequent to the purchase made by the petitioners in 1994 to an extent of Ac.0.62 cents, the petitioners have become absolute owners and their land ought not to have been sold by the children of vendor and such sale is ex-
facie illegal and detriment to the interest of the petitioners.
3. The registering authority has to act within the four corners of the provisions contained in the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. The Registration Act does not vest any power with the registering authority to verify the genuiness of the claim to the title to the properties presented for alienation and unless any statutory notification as envisaged under Section 22-A of the Registration Act is issued, the registering authority cannot raise an objection on processing the deeds of conveyance. Limited jurisdiction is vested with the registering authority to entertain complaints against carrying registration of deeds of conveyance, if the conditions mentioned in Rule 58 of the A.P. Registration Rules are attracted and such objection was made at the time of processing the deed of conveyance. As admitted by the petitioners, no such objection was raised when the deed of conveyance was presented for registration and document was registered on 24.07.2013. After the document was entertained and registered, the Act does not assign any role to the registering authority to stop further alienation of the properties based on the said registered document and aggrieved person has to work out his remedies independently. Furthermore, relating to the said property, O.S.No.52 of 2012 on the file of Senior Civil Judge, Punganur and O.S.No.67 of 2013 on the file of Principal Junior Civil Judge, Punganur, are pending. I, therefore, see no error in the decision of the Sub-Registrar, which was assailed in this writ petition.
4. Hence, this Writ Petition is accordingly dismissed. No costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date : 13.08.2014 ssp