THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21600 of 2014 Dated : 31.07.2014 Between:
Y.Kejiyya, D/o late Y.Sujanamma, W/o S.Ameer Basha, Hindu, 24 yrs., Banaganapalle, Banaganapalle Mandal, Kurnool District and another .. Petitioners And The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Stamps & Registration), A.P. Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.21600 of 2014 ORDER :
The case of the petitioners is that their mother late Y.Sujanamma is the absolute owner and possessor of house property bearing Door No.19/27-2 existing in an extent of 100 square yards in Survey No.81/1A1 of Bhanumukkala Village, Banaganapalle, Banaganapalle Mandal, Kurnool District. After her demise, the petitioners came into possession and enjoyment of the said property as her legal heirs. Due to personal needs, the petitioners intended to dispose of the said property and submitted an application on 26.06.2014 to the Sub-Registrar, Banaganapalle, Banaganapalle Mandal, Kurnool District (5th respondent) for the purpose of Market Value Certificate. The 5th respondent instead of issuing Market Value Certificate, issued endorsement in Annexure-II on 26.06.2014 informing that the property covered in Survey No.81/1A1 of Bhanumukkala of Banaganapalle is in prohibited property under Section 22(A)(1)(b) of Registration Act, 1908 as per the District Collector, Kurnool Lr.No.R.Dis.No.E2/2845/2010, dated 17.01.2012 with District Registrar, Nandyal Endorsement No.G1/39/2012, dated 21.01.2012. Aggrieved thereby, this writ petition is instituted.
2. The petitioners placed reliance on the decision of this Court in W.P.No.17917 of 2013 concerning the same survey number. This Court disposed of the Writ Petition after hearing the learned Government Pleader, who submitted instructions furnished by the Tahsildar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (4th respondent). It is represented on behalf of the Government that the land is noted as poramboke (gramakantam) in the Re-survey and Settlement Register (RSR) of Bhanumukkala Village and, therefore, cannot be registered. The said objection was over ruled in the above judgment. This Court held as under :
“that mere communication that the subject land is a gramakantam as per the revenue record has no real consequence. In the event there is a little dispute with regard to such land, the Government would necessarily have to assert and establish its title before the competent forum in accordance with law. It cannot unilaterally prohibit registration of documents in respect of such land basing on such revenue entries”.
3. For the reasons alike, this Writ Petition is also disposed of directing the Sub- Registrar, Banaganapalle, Banaganapalle Mandal, Kurnool District (5th respondent) to receive and process the document presented by the petitioners in respect of the house property bearing Door No.19/27-2 existing in an extent of 100 square yards in Survey No.81/1A1 of Bhanumukkala Village, Banaganapalle, Banaganapalle Mandal, Kurnool District, without reference to the entries in the revenue records. In the event the document presented is found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the 5th respondent shall complete the registration formalities and release the document in accordance with the due procedure. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 31.07.2014 ssp