IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33007 of 2014 Between:
Yellanuru Venkata Ramana, S/o. Late Narayana, Age: 44 years, Hindu, Occ: Business, R/o. Ashoknagar, Badvel Town, Kadapa District & another .. Petitioners AND The Government of Andhra Pradesh, Rep. by the Principal Secretary, Department of Revenue, Secretariat, Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33007 of 2014 ORDER:
The petitioners claim that they own open land admeasuring approximately 1339.55 square yards in Survey Nos.788/2 and 788/3, situated at Madakalavaripalli Village, Gopavaram Mandal, Kadapa District. The petitioners claim to have purchased the same by way of a registered Sale Deed bearing Document No.2409, dated 05.11.1998. When the petitioners approached the Sub-Registrar, Badvel, Kadapa District (4th respondent) on 27.09.2014 to ascertain the market value, the petitioners were informed that as instructed by the Mandal Revenue Officer, Gopavaram Mandal, Kadapa District (3rd respondent), no Deed of Conveyance can be processed for registration with regard to the above survey numbers as they are classified as prohibited properties. Aggrieved thereby, this writ petition is instituted.
2. The petitioners also filed additional affidavit and moved two W.P.M.Ps. Though vaguely it is referred to in the additional affidavit that the Sub-Registrar, Badvel, Kadapa District (4th respondent) is insisting for obtaining No Objection Certificate from the revenue authorities, there is no specific plea on that issue. No material is shown to contend that the petitioners have presented the Deed of Conveyance and the same was refused. On the contrary, the averments in the affidavit filed in support of the writ petition would disclose that they only wanted to obtain the market value and the same was not furnished.
3. Having regard to the same, the petitioners are granted liberty to make a written application to the Sub-Registrar, Badvel, Kadapa District (4th respondent) for furnishing the market value. The petitioners are also entitled to present the Deed of Conveyance before the Sub-Registrar. As and when a request is made or Deed of Conveyance is presented, the Sub-Registrar shall receive and process the same in accordance with the Registration Act, 1908, and the Indian Stamp Act, 1899. If the Sub-Registrar is of the opinion that no such information can be furnished nor the Deed of Conveyance can be registered, he shall pass appropriate orders by assigning detailed reasons for such refusal and communicate the same to the petitioners within a period of two (2) weeks from the date of receipt of such request/presentation of Deed of Conveyance. If any adverse decision is communicated to the petitioners, it is open to the petitioners to work out their remedies.
4. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
P.NAVEEN RAO, J Date: 15th December, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.33007 of 2014 Date: 15th December, 2014 KL