HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 31705 of 2014 Date :10.11.2014 Between :
Vanga Krishna Veni W/o Ravi Kumar Bayyaram village and mandal Khammam district … Petitioner and The Govt of Telangana, Rep by its Principal Secretary, Stamps and Registration Dept, Secretariat, Hyderabad and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 31705 of 2014 ORDER:
Case of the petitioner is that land to an extent of Act.1.25 guntas in Survey No.
281/7, Gummudur revenue village, Mahabubabad mandal, Warangal district is in possession and enjoyment of his family. Total extent of land in Survey No. 281 was Ac. 39.29 guntas and Survey No. 281 was sub divided into Survey Nos. 281/1 to 281/7. Grand father of the petitioner late Chebelli Gopaiah was assigned land much prior to 1958 and revenue records continuously reflect the name of grand father of petitioner till his demise, though, there was variation in the extent of land shown from time to time. After demise of grand father of the petitioner, name of grand mother of petitioner was mutated in the revenue records and she was also issued with pattadar passbooks. Grand mother of petitioner settled the property to an extent of Ac.1.25 guntas in favour of petitioner and the Tahsildar, Mahabubabad mandal, Warangal issued pattadar pass book in favour of the petitioner on 2.11.2007 and petitioner claims to be in possession and enjoyment eversince. According to petitioner her family members are in possession since 1952 and their names are reflected in the revenue records. The land originally belongs to Government but it was assigned much prior to 1958 to the grand father of petitioner. Petitioner intends to dispose of the said land and presented the deed of conveyance before the Sub Registrar –third respondent and they were assigned P Nos. 114, 115, 116 and 117 of 2014 respectively and by refusal order Nos.4, 5, 6 and 7 of 2014 respectively, registration was refused on the ground that subject land was classified as ‘assigned land’, therefore no deed of conveyance can be registered.
2. The Sub Registrar-third respondent filed counter affidavit reiterating the stand as disclosed in the order of refusal.
3. Learned Government Pleader produced written instructions furnished by the District Collector. The District Collector admits the fact that assignments were made prior to 1958 and land in Survey No. 281/7 was assigned to grand father of the petitioner. Thus, assertion of the petitioner is not denied and admittedly assignment was made prior to 1958.
4. Learned counsel for petitioner placed reliance on decision of this Court in WP No. 20642 of 2014 dated 4.8.2014 concerning properties in adjacent Survey No. 281/3, Gummudur revenue village, Mahabubabad mandal, Warangal.
5. It is settled principle of law that any assignment made prior to 1958 was not prohibited and no restriction was imposed on the assignees. Such restriction was introduced for the first time in the year 1958 and therefore, even if the land is assigned much prior to 1958, there is no prohibition for alienating the same. Thus, even assuming the stand of the respondent/ Department is correct, that it is not a private patta land, but the land was assigned to grand father of petitioner, when such an assignment was made prior to 1958 there is no restriction of alienation of land and therefore, the refusal of the Sub-Registrar in registering the document on the ground that it was included in the prohibited list was erroneous. It is also relevant to appreciate that the petitioner has been in possession and enjoyment of this property for the last more than 60 years, and grand father of petitioner was issued pattedar pass book and title deeds and that the land was also mutated. Thus, the objection raised by the Sub-Registrar in refusing to entertain the document to register is set aside.
6. Accordingly, the writ petition is allowed setting aside the Refusal order Nos.03/2014, 04/2014, 05/2014 and 06/2014 and the Sub-Registrar, Mahabubabad, is directed to process the deeds of conveyance for registration in accordance with Indian Registration Act, 1908 and the Indian Stamp Act, 1899 and if the document is otherwise in order, register and return the same within a period of two weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
The Miscellaneous petitions pending if any, in this writ petition shall stand closed.
P NAVEEN RAO,J DATE:10.11.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 31705 of 2014 Date :10.11.2014