IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH TUESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15033 of 2014 Between:
Syed Hussaian, S/o. Gajula Mabu sab, R/o. Bhanumukkala Village, Banaganapalle Mandal, Kurnool District & another .. Petitioners AND The Government of A.P., Rep. by its Prl. Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 4 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15033 of 2014 ORDER:
The case of the petitioners is that petitioners are the absolute owners of the house property bearing Door No.12/69, existing in an extent of 53.97 square yards, situated in 12th Ward, Survey No.81/1A1, Bhanumukkala Village, Banaganapalle Nagar Panchayat and Mandal, Kurnool District. Petitioners have purchased the said property through a registered Sale Deed vide Document No.1276 of 2008, dated 11.07.2008, from Smt. B. Sanjamma, W/o. Boya Jakkanna of Banaganapalle Village, Kurnool District. Due to personal needs, petitioners intend to dispose of the said property. They submitted an application on 26.04.2014 to the Sub-Registrar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (5th respondent) for the purpose of Market Value Certificate. The 5th respondent instead of issuing Market Value Certificate, issued proceedings, dated 26.04.2014, stating that the property covered by Survey No.81/1A1 of Bhanumukkala Village is prohibited property. Aggrieved thereby, this writ petition is instituted.
2. The petitioner placed reliance on the decision of this Court in W.P.No.17917 of 2013 concerning the same survey number. This Court disposed of the Writ Petition after hearing the learned Government Pleader, who submitted instructions furnished by the Tahsildar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (4th respondent). It is represented on behalf of the Government that the land is noted as poramboke
(gramakantam) in the Re-survey and Settlement Register (RSR)
of Bhanumukkala Village and, therefore, cannot be registered. The said objection was over ruled in the above judgment. This Court held as under:
“that mere communication that the subject land is a gramakantam as per the revenue record has no real consequence. In the event there is a little dispute with regard to such land, the Government would necessarily have to assert and establish its title before the competent forum in accordance with law. It cannot unilaterally prohibit registration of documents in respect of such land basing on such revenue entries”.
3. For the reasons alike, this Writ Petition is also disposed of directing the Sub-Registrar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (5th respondent) to receive and process the document presented by the petitioners in respect of the house property bearing Door No.12/69, existing in an extent of 53.97 square yards, situated in 12th Ward, Survey No.81/1A1, Bhanumukkala Village, Banaganapalle Nagar Panchayat and Mandal, Kurnool District, without reference to the entries in the revenue records. In the event the document presented is found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the 5th respondent shall complete the registration formalities and release the document in accordance with the due procedure. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 3rd June, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15033 of 2014 Date: 3rd June, 2014 KL