THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37175 of 2014 Dated : 04.12.2014 Between:
Thiruvaluru Aruna W/o.T. Murali Mohana Rao, Aged about 42 yrs, Occu : Housewife, R/o.D.No.3/293-12, Y.S.R. District presently R/o.Indiranagar Township, Block No.7, Plot No.4, Chinnamachupalle, Chennuru Mandal, Y.S.R. District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad & 4 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37175 of 2014 ORDER :
The petitioner claims to have purchased land to an extent of Ac.0.33 cents in Survey No.104/2 of Tollaganganapalli Village Fields, Vallur Mandal, Y.S.R. District, from Sri Sriram Anjaneyulu, through sale deed dated 27.10.2014. The petitioner claims that his vendor acquired the said land through registered sale deed dated 17.07.2006 bearing document No.7359 of 2006 from Sri G. Hari Prasad, who acquired the said property through inheritance. The petitioner’s vendor and vendor’s vendor of the petitioner were in peaceful possession and enjoyment and the vendor was issued pattedar pass book and title deeds. When the document was presented before the Sub-Registrar, Kadapa (Rural), Y.S.R. District (5th respondent), the 5th respondent received and assigned pending Document No.174 of 2014 but so far he has not passed any orders on the said document nor communicated the refusal order.
2. Learned counsel for the petitioner submits that the petitioner has sufficient material available with him to establish that the land which he has purchased is a private patta land and the vendor of the petitioner has clear title. Therefore, there cannot be any restraint on alienation of the said property. If an opportunity is given to him, he could have satisfied the 5th respondent about the claim of the petitioner with reference to classification of the land. He further submits that it is not an assigned land and there is no prohibition on the said property imposed in exercise of such mandate. He therefore, contends that the action of the 5th respondent in not registering and releasing the document is illegal.
3. As of now, no reasons are assigned as to why the document is not released. Therefore, the petitioner is permitted to place all the relevant documents before the Sub-Registrar (Rural), Y.S.R. District (5th respondent). Considering the same, the Sub-Registrar shall process the Sale Deed and pass appropriate orders. If the Sub- Registrar is convinced of the status of the claim of the petitioner and that there is no prohibition imposed against registration, he shall register and release the document. If the Sub-Registrar has any objection on registration, he shall duly assign the reasons and communicate the reasons to the petitioner. Such exercise shall be completed within a period of three (3) weeks. It is always open to the petitioner to work out his remedies, if he is aggrieved by any such decision.
4. The Writ Petition is, accordingly, disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO,J 4th December, 2014
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