HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.14125, 14126, 14127 & 14151 of 2014 Date: 18.07.2014 W.P.No.14125 of 2014 Between:
Yeruva Joji Reddy s/o. Late Bali Reddy, Aged about 45 years, R/o. Flat No.401, Vasantha Vihar, Sundaranagar Colony, S.R. Nagar, Secunderabad.
.. Petitioner AND The Government of Andhra Pradesh, rep.by its Principal Secretary, Revenue (Stamps & Registration) Department, Secretariat, Hyderabad & others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.14125, 14126, 14127 & 14151 of 2014 COMMON ORDER:
The issue in all these writ petitions is one and the same and hence, these writ petitions are disposed of by common order with the consent of the counsel for the petitioner and learned Government Pleader for the respondents.
2. Petitioners claim to be the owners of the plots each of 200 square yards bearing plot nos. 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141 and 252, situated in Gundepuvalasa Village, Bhogapuram Mandal. Vizianagaram District. Except plot no.252, petitioners presented three deeds of conveyance comprising of 1200 square yards each in six individual plot units. The Joint Sub-Registrar-I, Vizianagaram, received the documents and assigned P.Nos.112, 113 and 114 respectively. The Joint Sub- Registrar-I elicited information from the Joint Sub-Registrar-III, Bhogapuram, Bhogapuram Mandal, Vizianagaram District about the status of the land in Sy.No.5/4 of Gundepuvalasa village of Bhogapuram Mandal, in which these plots are located. The Joint Sub-Registrar–III informed the Joint Sub-Registrar-I that the lands in Sy.No.5/4 of Gundepuvalasa village are classified as endowment properties. In view of the said information furnished, the deeds of conveyance presented by the petitioners were kept pending, compelling the petitioners to institute the Writ Petition Nos.14125, 14126 and 14127 of 2014.
3. Insofar as plot bearing No.252, when the petitioner intended to present the deed of conveyance, the deed itself was not received. Hence, petitioner instituted W.P.No.14151 of 2014.
4. In all the writ petitions, the common grievance of the petitioners is that illegally the registering authority was refusing to entertain, receive and process the deeds of conveyance even though petitioners have valid titles and competent to execute the deeds of conveyance. Initial objection appears to be that the land was classified as endowment lands and, therefore, there cannot be any sale by unauthorized person. This matter was considered by the District Collector, Vizianagaram, and on detailed consideration of the issue, he sent a report to the District Register, Vizianagaram informing him that the land in Sy.No.5/4 of Gundepuvalasa village is Zeroyith lands and is not the land prohibited by notification under Section 22-A of the Indian Registration Act, 1908. On receipt of said clarification from the District Collector, the District Register, Vizianagaram, issued Memo No.G4/791/2014, dated 30.06.2014 informing the Sub-Registrar, Bhogapuram to follow the clarification issued by the District Collector and also the orders of the Commissioner and act accordingly whenever documents are presented by the parties concerned.
5. Learned counsel for the petitioners submits that in fact after the orders issued by the District Register, Vizianagaram, on 30.06.2014, the deeds of conveyance already received by the Joint Sub-Registrar were processed and registered, but the documents are not released on the ground that the writ petitions are pending.
6. In view of the report of the District Collector, Vizianagaram, dt.25.6.2014 and consequential memo of the District Registrar, dated 30.06.2014, the grievance of the petitioners is stood attended to by the registering authorities and no cause survives in these writ petitions and accordingly, the writ petitions are disposed of. It is needless to observe that the deeds of conveyance already received and assigned P.Nos.112, 113, 114 of 2014, be processed in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899, if the documents are otherwise in order, and the documents kept pending because of the earlier report classifying the land in Sy.No.5/4 of Gundepuvalasa village treating it is an endowment land, shall be released. Insofar as plot no.252 is concerned, the Joint Sub-Registrar- I shall receive and process in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899 and if the document is otherwise in order, except the earlier objection that the land is endowment land, the document shall be registered and released.
7. With the above observations, the writ petitions are disposed of. There shall be no order as to costs. Miscellaneous petitions pending if any in these writ petitions shall stand closed.
JUSTICE P.NAVEEN RAO Date: 18.07.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION Nos.14125, 14126, 14127 & 14151 of 2014 Date: 18th July, 2014 kkm