HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27150 of 2013 Date: 12.06.2014 Between :
T.Revathi Kumar S/o. T.Rama Das, Owner of Plot No.4, Aged about 47 years, occu: Private Worker, H.No.44/161, Prakash Nagar, Kurnool City, Kurnool District and another … Petitioners and The Government of Andhra Pradesh, rep.by its Principal Secretary to Revenue, A.P.Secretariat, Hyderabad and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27150 of 2013 ORDER:
By proceedings in R.Dis.No.26857/75, dated 14.02.1976, the District Collector, Kurnool, alienated the land to an extent of Ac.14.50 cents in Sy.No.16/2A of B.Thandrapadu village of Kurnool Taluk and District, in favour of the President of Kurnool District Ex-Servicemen Co-operative House Building Society, Kurnool, for the purpose of construction of houses on payment of market value at Rs.500/- per acre. As per the terms of the order, an amount of Rs.7,250/- was paid towards cost of the land. The Tahsildar, Taluk Office, Kurnool, in his endorsement bearing Dis.No.31/77, dated 09.03.1978 informed the President of the Society that as the land alienation has become final, he can allot the plots to the eligible members of the society. Accordingly, lay out was formed and plots were allotted. In the said manner, plot No.66 was allotted to the father of the 2nd petitioner and plot No.4 was allotted to the person, by name, P.Ramadas. Plot No.4 was purchased by the first petitioner on 14.11.2011. Both petitioners now intend to dispose of the plots owned by them.
2. Learned counsel for the petitioners submits that when petitioners presented the deeds of conveyance insofar as the plot No.66 is concerned, though the document is received, but is not processed for registration and insofar as the plot No.4 is concerned, the Sub-Registrar refused to receive the same. No reasons are assigned for not receiving the documents. Aggrieved thereby, this writ petition is instituted.
3. Learned counsel for the petitioners submits that the Ex-Servicemen Society was assigned land on payment of market rate. When the land was assigned on payment of market value, there is no prohibition from alienation. Moreover, the land was allotted to a Society for the purpose of brining out residential colony and accordingly, a lay out was formed. 196 plots were formed in the lay out and plots were allotted to the members of the Society. No restraint is imposed either in the orders of the District Collector or by the Board Standing Orders nor in the orders of allotment of the plots to the individual members against alienation of the properties. As the land are vested permanently in the members of the Society, the members of the Society are free to alienate the plots falling in their respective shares.
4. In the counter affidavit filed on behalf of the respondents, 1,2 and 5, the factum of allotment of land by the District Collector on 14.02.1996 is not denied. Further endorsement of the Tahsildar, Kurnool, dated 09.03.1978 and challan No.3432 for Rs.7,250/- dated 18.2.1978, which is the sale consideration, are not denied. There is no further averments in the counter- affidavit which show that there is a prohibition imposed on the alienation of the plots allotted to the individual members of the society or their successors. During the course of arguments also, no orders of the Government in general are brought to my notice.
5. It thus appears that there is no restraint imposed against alienation of the properties. On permanent assignment of the property to the Ex- Servicemen Co-operative Society and on allotment of plots to the respective members of the Society, the plots vest in the members of the Society. Members of the society are entitled to alienate the said plots for their personal needs and necessities.
6. Thus, the Sub-Registrar’s decision not to process the deed of conveyance for registration with reference to the plot Nos.66 and not to receive the deed of conveyance in respect of the plot No.4 in Sy.No.16/2A of B.Thandrapadu Village limits, Kurnool Mandal, Kurnool District, held as illegal and the Sub-Registrar, Kurnool (3rd respondent) is directed to receive and process the deeds of conveyance on above plots in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899 and register and release the documents if the same are otherwise in order.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions if any pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date: 12.06.2014 kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.27150 of 2013 Date: 12-06-2014 kkm