HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30313 OF 2014 Date: 20.11.2014 Between :
Tadikonda Siddardha s/o. late T.Krishna Kishre, Aged about 24 years, R/o. Thummalapalem Village, Ibrahimpatnam Mandal, Krishna District, A.P.
And The State of Andhra Pradesh, rep.by its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat, Hyderabad and others.
….. Petitioner ….. Respondents This Court made the following:-
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30313 OF 2014 ORDER:
Petitioner claims to be the owner and in possession of the land to an extent of 556.6 square yards in Sy.No.81/1 of Ibrahimpatnam Village and Mandal, Krishna District. It is claimed that originally the land to an extent of 1113.2 square yards was purchased by his father under registered sale deed on 14.06.2004 from one N.Rajaratnam. The land in question is a private land and out of the larger extent of 1113.2 square yards purchased by the father of the petitioner, portion of the land was already disposed of and petitioner now intend to dispose of the rest of the property. According to the petitioner, as per the Resettlement Register prepared by the Fort St.George Administration of the Province of Madras, at the beginning of the 20th Century, the total extent of Ac.4.95 cents in Sy.No.81 was shown as dry land and assessment was also fixed. The name of Lalu Ahamedu was shown as pattadar in Column No.10 of the Resettlement Register in Patta No.79. This survey number was divided into sub-divisions as early as on 02.03.1925. Therefore, he contends that there is no restriction on alienation of the property and the action of the Sub-Registrar in refusing to entertain the document describing the property as assigned land is illegal. Learned counsel further contends that no objection was raised when earlier registrations were made.
2. Counter affidavit is filed on behalf of the Tahsildar, Ibrahimpatnam Mandal (3rd respondent). It is stated that the land to an extent of 556.6 square yards in R.S.No.81/1 of Ibrahimpatnam is classified as “Sharatula Gala Patta” in Resettlement Register and other records. However, the counter-affidavit is silent as to in whose favour the patta was granted and what was the extent made. Except for describing in detail the procedure of granting of assignment by the State, no other particulars are furnished. The extracts of relevant records originally disclosed the description of the land as assignment, but these records are not supported by any material to show how assignment was made. As held by this Court in several decisions, assignments made prior to 1954 are not prohibited from alienation. That being so, in the absence of any clarity regarding the date of assignment, it cannot be said that the claim of the petitioner for alienation of the property is prohibited and the objection raised by the Sub-Registrar in the absence of statutory notification and relevant material is also erroneous.
3. Having regard to the same, the writ petition is disposed of directing the Sub-Registrar, Ibrahimpatnam (2nd respondent) to receive and process the deed of conveyance in respect of the land to an extent of 556.6 square yards in Sy.No.81/1 of Ibrahimpatnam Village and Mandal, Krishna District, treating it as private property and register and release the same if the same is in accordance with the Indian Registration Act, 1908 and Stamp Act, 1899 and if there is no restriction except classification as assigned land. However, mere registration does not take away the right of the Government to establish ITS title in accordance with the law. 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: 20.11.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30313 OF 2014 Date: 20.11.2014 Kkm