THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38816 of 2014 Dated : 17.12.2014 Between:
Vardadi Surya Rao S/o.Vardadi Venkatarao, Aged about 40 yrs, Occu : Business, R/o.Cheepurupalli Village and Mandal, Vizianagaram District.
.. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue (Stamps & Registration), Secretariat, Hyderabad & another .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38816 of 2014 ORDER :
The petitioner claims to be the owner and in possession of land admeasuring Ac.5.25 cents, 4.70 cents, 1.70 cents in Survey No.281, 284, and 286/1 respectively, of Shivaram Village, Cheepurupalli Mandal, Vizianagaram District. The petitioner intend to dispose of the said properties and when approached the Sub Registrar, Cheepurupalli, Vizianagaram District (2nd respondent), the 2nd respondent refused to furnish any information on the ground that the lands are classified as prohibited property.
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue.
3. The basis for refusal to furnish information by the 2nd respondent is that the properties are part of assigned lands figuring in the list furnished by the concerned Tahsildar. The petitioner is not clear about the character of the lands.
4. Assuming that the plots in question are part of assigned lands, prohibition would operate if only the assignment was subsequent to 1954. The reason is that the Government issued G.O.Ms.No.1142 dated 18-06-1954 for incorporation of clause prohibiting alienation of assigned lands. Even now the petitioner can make a representation in this regard.
5. Hence, the writ petition is disposed of, directing that,
a) It shall be open to the petitioner to make a representation to the concerned Tahsildar, with a request to delete the lands in Survey Nos. 281, 284, and 286/1 respectively, of Shivaram Village, Cheepurupalli Mandal, Vizianagaram District, from the list of assigned lands.
b) If on verification, the concerned Tahsildar, comes to the conclusion that the assignment was prior to 18.06.1954, he shall exclude Survey Nos. 281, 284, and 286/1 respectively, o f Shivaram Village, Cheepurupalli Mandal, Vizianagaram District from the list of assigned lands, and thereupon the 2nd respondent shall take further steps vis-à-vis the documents.
c) If on the other hand, it emerges that the lands were assigned subsequent to 18-06-1954, the petitioner shall not have right to insist on registration of documents.
d) This exercise shall be completed within a period of four weeks from the date of submission of the representation by the petitioner.
e) If no records are available in respect of the said lands, the benefit of doubt shall be given to the petitioner.
6. The miscellaneous petitions filed in this writ petition also stands disposed of. There shall be no order as to costs.
P.NAVEEN RAO,J 17th December, 2014 Rds