THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15400 of 2014 Dated : 04.08.2014 Between:
Vankadara Pedda Pullaiah, S/o.Thirupelaiah, 52 yrs., R/o.D.No.3/1088, YMR Colony, Proddatur town and Mandal, Kadapa District and Others .. Petitioners And The Government of Andhra Pradesh, Rep., by the Principal Secretary Revenue Department Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.15400 of 2014 ORDER :
With the consent of the counsel for the petitioners as well as learned Assistant Government Pleader representing Government, this writ petition is disposed of at the admission stage.
Learned counsel for the petitioners represents that the property which is the subject matter of the writ petition, is owned by the petitioners and with an intention to dispose of the said property, when petitioners approached the Sub-Registrar, Proddatur, the Sub-Registrar vide endorsement dated 25.04.2014 refused to furnish market value certificate on the ground that the property in Survey No.313 of Proddatur village fields in YSR Kadapa District are classified as ‘Mangala Inam’ and, therefore, prohibited from alienation. Learned counsel further submits that on the said subject matter, several decisions are rendered by this Court and, therefore, the objection raised by the Sub- Registrar to furnish the market value certificate and to register deed of conveyance is erroneous and contrary to law and counsel placed reliance on the decision of this Court in W.P.No.15804 of 2013 dated 21.08.2013 insofar as the properties in Sy.No.313 is concerned.
After considering the judgment of this Court in W.P.No.15169 of 2009, W.P.No.4085 of 2014 is disposed of. In W.P.No.15169 of 2009, this Court considered the objection that the subject land was classified as ‘Kummara Inam’ and, therefore, document could not be processed for registration. This Court construed the provisions in Section 22 of the Indian Registration Act, 1908 and held as under :
“In the light of the aforestated provision, the prohibition with regard to registration of documents in respect of Government lands arises out of the publication of a notification under clause (e). Admittedly, there is no notification under Section 22-A of the said Act in respect of Survey No.250 of Proddatur Village. In the absence of a prohibition relatable to law, it is not open to the revenue authorities to stall the registration of documents by the registration authorities on the basis of a mere communication based on revenue records. The classification of the subject land in Survey No.250 basing on such revenue records posing a bar to the entertainment for registration of the document presented by the petitioner cannot be countenanced. If the Government seeks to assert its title over the subject land contrary to the evidence manifested by the registered transactions dating back to 1955, it is for them to do so in a properly constituted proceeding before the appropriate forum. By mere recourse to an entry in the R.S.Register, Proddatur, the Government cannot seek to wipe out the events borne out by record and claim title.”
Following the said decision, this writ petition is disposed of directing the Sub- Registrar, Proddatur, YSR Kadapa District, to furnish the market value of the property of the petitioners to an extent of 422.2 Sq yards i.e., Ac.0.08 Cents, in Sy.No.313 of Proddatur village fields, Sreenivasapuram locality, Gopavaram Grama Panchayat, Proddatur Mandal, YSR Kadapa District, and to receive and process the deed of conveyance as and when the same is presented by the petitioners in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the Government to asserts its title by following the due process of law and mere registration of deed of conveyance does not take away such right of the Government to establish its title. 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 : 04.08.2014
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