Telangana High Court
WP/29752/2013 of Jakku Jagadeeswar Rao, S/o. Ramu, Vs The Government of Andhra Pradesh on 30 December 2013
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND THIRTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.29752 of 2013 Between: Jakku Jagadeeswar Rao & another .. Petitioners And The Government of Andhra Pradesh, rep. by
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD
MONDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND ANDTHIRTEEN
Present
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.29752 of 2013
Between:
Jakku Jagadeeswar Rao & another And
.. Petitioners
The Government of Andhra Pradesh,rep. by its Principal Secretary,Revenue Department,Secretariat Buildings, Hyderabad & 3 others
.. Respondents
This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
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ORDER:
The petitioners assail the action of the registration authorities in refusingto receive the document presented by first petitioner in respect of the Plotsituated in Ward No.18 (old), Ward No.16 (new), P.No.14, Survey No.162/1,nearby Gorle Street, admeasuring to an extent of Ac. 0.04 cents or 193.6square yards or 176.17 square meters open site, situated at Salur Municipality,Salur, Vizianagaram District. The reason for the refusal is, he asserts thatwhen the petitioner approached the Sub-Registrar, Salur, Vizianagaram District(3[rd] respondent) for registration of the document, he stated that the subjectland is a Government poramboke and was, therefore, not amenable totransactions between private parties.
2. The land in this survey number fell for consideration before this Court in W.P. No.23634 of 2012. A copy of the order, dated 26.11.2012, passed thereinis placed on record and reflects that part of the subject land in this surveynumber was sold in a court auction prior to 1971 and, therefore, the claim ofthe Government that the entire land in this survey number belonged to it wasnot accepted. The writ petition was, accordingly, disposed of directing theregistration authorities to proceed with the registration of documents in respectof this land in accordance with law.
3. For reasons alike, as were mentioned in the order, dated26.11.2012, passed by this Court in W.P. No.23634 of 2012, this Writ Petitionis disposed of directing the Sub-Registrar, Salur, Vizianagaram District (3[rd] respondent) to receive andprocess the document presented by the petitioners in respect of the subjectland. In the event the said document is found to fulfil the requirements of theRegistration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar,Salur, Vizianagaram District (3[rd] respondent) shall complete the registrationformalities and release the document in accordance with the due procedure. If,however, the Sub-Registrar, Salur, Vizianagaram District (3[rd] respondent), isof the opinion that the document presented for registration warrants denial, heshall pass orders in writing indicating the reasons for such refusal andcommunicate the same to the party in accordance with Section 71 of the Registration Act, 1908. There shall be no order as to costs. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.
_____________________
JUSTICEP.NAVEEN RAO
Date: 30[th] December, 2013
KL
HON’BLE SRI JUSTICE P.NAVEEN RAO
KL
Date: 30[th] December, 2013