HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 4546 of 2014 Date: 5.6.2014 Between :
Smt Vempati Venkatalakshmi W/oSrinivas R/o D No 79-4-1/3, Tilak Road, Rajahmundry … Petitioner and State of Andhra Pradesh Rep by its Prl Secretary Revenue Department (Stamps and Registration) Secretariat, Hyderabad and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 4546 of 2014 ORAL ORDER:
Case of the petitioner is that he is the owner of the land to an extent of Ac.1.30 cents in R.S No. 36/1 of N.T.Rajpuram village, E a s t Godavari district. Petitioner avers that originally land belongs to one Venkataraju, who inherited the property by way of registered partition among his father and brothers in the year 1957. Said Venkataraju sold the same to Tatikonda Venkata Krishna Rao under registered sale deed dated 7.4.1964, who in turn sold the same to one R.Rama Madhavi on 27.1.1990. Said R Rama Madhavi executed a registered gift deed dated 11.2.2008 in favour of vendors of the petitioner to an extent of Ac.0.65 cents each. Thereafter, vendors of the petitioners were issued pattadar pass books and title deeds. When petitioner applied for issuance of ‘No objection certificate’ to get sale deed registered, petitioner was informed that in the revenue records entire extent of land i.e., Ac.6.10 cents in R.S. No. 36/1, N.T.Rajapuram was shown as ‘kalva’, therefore cannot be alienated. On further enquiries, petitioner ascertained that R.S No. 36 was sub-divided into two parts i.e., R.S. No. 36/1 and R.S.No.36/2 in the year 1933. In Survey No. 36/1 an extent of land shown as Ac.1.30 cents and is recorded as ‘Jeroiti land’, whereas remaining extent of land i.e., Ac.4.80 cents is shown in the Survey No. 36/2 and recorded as ‘Government Poramboke’. Land in survey No.36/1 was in possession and enjoyment of the vendors of the petitioners as well as previous owners.
2. Learned counsel for petitioner submits that the matter was enquired into by the Surveyor and Revenue Inspector and on detailed consideration of the reports of the Surveyor and Revenue Inspector and on verification of the revenue records, Tahsildar, Gandepalli mandal, East Godavari district in his report in Ref.C/20/2012 dated 14.5.2012 submitted to the Revenue divisional Officer, Peddapuram stated that land to an extent of Ac.1.30 in survey No. 36/1 is recorded as Jeroiti land and is in possession of the applicant and only land to an extent of Ac.4.80 in survey No. 36/2 is shown as ‘Kalva Poramboke’. The Tahsildar reports that insofar as land to an extent of Ac.1.30 in survey No. 36/1 is concerned, there is no objection for alienation of the property.
3. It appears that no further orders are passed by the Revenue Divisional Officer on the report of the Tahsildar.
4. Learned Government Pleader submits that no written instructions are furnished to him even though authorities were informed of the institution of the writ petition.
5. On verification of the records filed in the writ petition, it is clear that the land to an extent of Ac.1.30 cents in survey No. 36/1 is shown as ‘Jeroiti land’ and the property which is described as ‘Jeroiti’ is not prohibited from alienation. The possession and enjoyment of the vendors of the petitioner and their previous owners is not disputed.
6. When the report of the Tahsildar dated 14.5.2012 is very clear, the Sub Registrar making an endorsement refusing to entertain the document for registration by treating the entire extent of land as ‘kalva’ is erroneous. This clearly shows non application of mind by the Sub Registrar. The Sub Registrar was trying to read something which is not there in the report.
7. Having regard to the facts of the case and in view of the clear report of the Tahsildar dated 14.5.2012, the decision of the Sub Registrar in refusing to register the deed of conveyance is declared as illegal and accordingly set aside. The Sub Registrar is directed to process the document bearing No. 123 of 2013 in accordance with Registration Act, 1908, and the Indian Stamp Act, 1899 and release the same, if the document is otherwise in order.
8. Accordingly, the writ petition is disposed of. No costs. Sequel to the same, miscellaneous petitions, if any stand dismissed.
P NAVEEN RAO,J DATE: 05.06.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 4546 of 2014 Date: 5.6.2014