HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO.32606 OF 2013 Date: 12.06.2014 Between:
Yerramsetti Balaram Babu s/o. Venkateshwar Rao, Aged about 53 years, r/o.7-63, H/o. C.H.Alexender, Tivasi Centre, Sanivarapupet, Eluru, West Godavari District and another .
… Petitioners and The Sub-Registrar, Stamps and Registration, Vattluru, Pedavegi Mandal, West Godavari District and others.
… Respondents.
The Court made the following :
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.32606 OF 2013 ORDER:
Two petitioners claim to have purchased the land to an extent of 300 square yards and 365 square yards respectively in R.S.No.76/3 of Sanivarapupet Panchayat, Gavaravaram Village, Eluru Mandal, West Godavari District. Petitioners intend to dispose of the said property and requested the Sub-Registrar to furnish market value. The Sub- Registrar by his endorsement dated 18.05.2013 informed the petitioners that the land in Sy.No.76/3 is shown as AWD Gayallu in the revenue records. Therefore, refused to furnish the market value and directed the petitioners to approach the Tahsildar. Aggrieved by the said endorsement, petitioners applied information under Right to Information Act. The Tahsildar, Elur Mandal, in his letter dated 31.10.2013 informed that in the revenue records, the said land is prescribed as Government Gayallu land and no pattas are assigned nor an assignment was made on the said land.
2. Learned counsel for the petitioners submits that there have been transactions since the year 1935. According to the sale deeds bearing document Nos.1416 and 1417 of 1935, dated 30.04.1935, one person, by name, Punnaiah purchased the said property. Sri Punnaiah sold the said property to one person, by name, Kagga Lottaiah vide registered sale deed dated 06.03.1936 bearing document No.683/1936. Smt. Gandikota Saidamma succeeded to the property of Kagga Lottaiah. Smt. Saidamma sold 693 square yards to Smt. Kapireddy Venkata Lakshmamma vide sale deed dated 19.03.1980 bearing document No.1002/1980. Smt Kapireddy Venkata Lakshmamma executed the registered sale deed dated 04.06.1998 bearing document No.3952/1998 to an extent of 300 suare yards in favour of her son K.Subrahmanya Reddy. Learned counsel therefore submits that there have been several transactions all along. These transactions were never declared as illegal. The property has been in possession and enjoyment of the vendors, their vendors and so on, all along. Possession and enjoyment of the petitioners is never denied. Learned counsel therefore submits that mere reference in the revenue records as ‘Gayallu’, without any basis for such description, ignoring the several transaction that taken place from the year 1935 treating it as private patta land is erroneous and amounts to arbitrary exercise of power by competent authority.
3. In catena of cases, this Court held that mere description in revenue records as belonging to particular category of land description is not sufficient. It is held that when several transactions take place and possession and enjoyment is not denied, the presumption of title shall be in favour of the person in whose possession the property is found and that person is entitled to undertake transactions. As evident from the information furnished to the petitioners by the Tahsildar, the property is not assigned nor is classified as government land. It only described as un-allotted land. On the contrary, the documents disclose the continuous transactions that have taken place from the year 1936. Thus, it cannot be said that title has not validly passed on to the petitioners. In view of the same and in view of the consequent endorsement given by the Tahsildar, the Sub-Registrar shall furnish the market value and shall receive and process the deeds of conveyance as and when presented by the petitioners to an extent of 300 and 365 square yards respectively in R.S.No.76/3 of Sanivarapupet Panchayat, Gavaravaram Village, Eluru Mandal, West Godavari District in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899 and release the same if the documents are otherwise in order. It is made clear that mere registration does not take away the right of the Government to establish its title by due process of law.
4. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this petition shall stand closed.
JUSTICE P. NAVEEN RAO Date: 12.06.2014 Kkm HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO.32606 OF 2013 Date: 12.06.2014 kkm