HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35207 of 2014 Date: 11.12.2014 Between:
Surapaneni Deepthi, W/o. Prakasa Babu, Aged 40 years, R/o. H.No.47-7-43, 4th Lane, Dwarakanagar, Visakhapatnam, Visakhapatnam District.
.. Petitioner AND The State of A.P., rep.by its Prl.Secretary, Revenue Department, Secretariat, Hyderabad and others.
.. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35207 of 2014 ORDER:
According to the petitioner, his father purchased the land to an extent of 993 square yards in Sy.No.62/3 of Pedawaltair Village, Visakhapatnam, Visakhapatnam District vide registered document no.7152/1980 dated 10.11.1980. Out of this, land to an extent of 128.27 square yards was taken over by the Municipal Corporation of Visakhapatnam. The remaining extent i.e., 864.73 square yards was gifted to the petitioner. According to the petitioner, it is covered by Jeroyati Patta and it is not attracting the provisions of Urban Land (Ceiling and Regulation) Act. Inspite of the property not attracting the Urban Land Ceiling Act and there is no other impediment, the registering authorities are mandating the petitioners to approach the revenue authorities to obtain No Objection Certificate and creating hurdles for undertaking deed of conveyance in the property concerning Sy.No.62/3.
2. Having come to know of such objection, petitioner requested the Joint Sub- Registrar, Visakhapatnam, to furnish relevant information on the status of the property. Contending that no such information is furnished and not undertaking to process the deed of conveyance on the above property, this writ petition is instituted.
3. Learned counsel for the petitioner submits that this property cannot be classified as in excess of Urban Land Ceiling Act. The certificate to this extent was issued as early as on 05.07.1979 and reiterated in March, 2007. Inspite of this, without any justification objection is raised holding that this property is attracting the provisions of Urban Land Ceiling Act. However, as seen from the record, no such request/representation is made and no such rejection is communicated to petitioner.
4. Having regard to the facts of this case, without expressing any opinion on merits, this writ petition is disposed of granting liberty to the petitioner to submit application to the Joint Sub-Registrar, Visakhapantam eliciting information on the status of the land in Sy.No.62/3 to an extent of 864.73 square yards. Petitioner is entitled to submit relevant documents in support of his claim including certificates issued by the Urban Land Ceiling Authorities. On receiving such request, the Joint Sub-Registrar shall consider those documents and pass appropriate orders and communicate the status of the land in writing within a period of two weeks from the date of receipt of such request. There shall be no order as to costs.
Miscellaneous petitions if any pending in this writ petition shall stand dismissed.
JUSTICE P.NAVEEN RAO Date : 11.12.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.35207 of 2014 Date: 11.12.2014 kkm