HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 15429 of 2014 Date :20.11.2014 Between :
Y Subbarayudu S/o Pullaiah D No 16/273, Umanagar, Anantapuram town Anantapuram district … Petitioner and The Govt of AP Rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others … Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 15429 of 2014 ORDER:
Case of the petitioner is that he has purchased land to an extent of Ac.1.07 cents in Survey No. 125/1, Somaladoddi village, Anantapuram mandal, Anantapuram district from one Smt Lakshmi Devi vide document No. 9265/2009 dated 27.11.2006. Petitioner traces history of passing of title. According to petitioner originally land belongs to Ella Rosappa, he sold the same to Yerraguntla Chinna Chenrayudu by way of registered sale deed No. 2447/1943 dated 6.10.1943 and then title passed on to one E.Anjaneyulu and then to Smt Lakshmi Devi in the year 2003 by way of registered sale deed No. 11752/2003 dated 4.12.2003.
2. Learned counsel for petitioner places reliance on entries made in revenue records which shows the name of Yerraguntal Chinna Chenrayudu. Grievance of the petitioner necessitating institution of writ petition is that Sub Registrar (5th respondent) is not receiving the document for registration in respect of the above land.
3. Counter affidavit is filed by the Tahsildar. It is deposed that as per 1-B register of the village, the land registered in the name of petitioner i.e., Y Subbarayudu vide I.B.No.791. It is further stated that originally subject land was assigned to one Sri Chinna Chandrayudu, however, the assignment particulars are not available. The factum of several transactions taking place is also admitted.
4. Having regard to the fact that there were registered sale transaction as early as in the year 1943 in the name of Chinna Chandrayudu and even according to the respondents said Chinna Chandrayudu is assignee, in the absence of further details with reference to date of assignment with the revenue authorities, it is safe to assume that Chinna Chandrayudu was assigned land prior to 1954 and any assignment made prior to 1954 is not prohibited from alienation. Therefore either way the objection raised by the Sub Registrar -5th respondent treating the property as assigned land and refusing to entertain the document for registration is erroneous.
Accordingly, the writ petition is disposed of directing the Sub Registrar-
5th respondent to receive the deed of conveyance for the land to an extent of Ac.1.07 cents in Survey No.125/1, Somaladoddi village, Anantapuram mandal, Anantapuram district without raising objection that it was an assigned land and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899, and release the document, if otherwise in order. This order does not preclude the Government to assert its title in accordance with law. No costs.
Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P NAVEEN RAO,J DATE:20.11.2014 TVK HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 15429 of 2014 Date :20.11.2014