WP/40982/2014 of Botcha Eswara Rao, Vs The State of Andhra Pradesh, on 31 December 2014

ORDER:

The case of the petitioners in this writ petition is that they have enteredinto an agreement to purchase the house property bearing D.No.27-50 in SurveyNo.159/2, Old Assessment No.5-377, New Assessment No.1092002371situated at Aguru Veedhi, Old Ward No.4 (New Ward No.9), Salur Village &Municipality, Vizianagaram District, for a sale consideration. Accordingly, whenthe petitioners along with their vendors approached the Sub-Registrar, Salur,Vizianagaram District (3[rd] respondent), requesting him to furnish stamp duty andregistration charges and permit him to present the deed of conveyance, the 3[rd]respondent refused to receive and process the same on the ground that theproperty is classified as ‘Government land’ and cannot be permitted forregistration as per the communication furnished by the revenue authorities.

2. When the matter is taken up for consideration, learned counsel for thepetitioner, learned Assistant Government Pleader for Revenue and the learnedStanding Counsel for Municipality, represented that the subject matter of this writpetition is covered by the decision of this Court rendered in W.P.No.1339 of 2014and batch.

3. In W.P.No.1339 of 2014 and batch, after construing the provisions inSection 2(1) of the A.P. Land Encroachment Act, 1905, the proceedings issuedby the District Collector, Kadapa in Circular Reference No.E3/1291/2007, dated29.04.2007, G.O.Ms.100, dated 22.02.2014, and earlier decision of this Court inW.P.No.23634 of 2012 and batch, this Court held as under :

“As evident from the Circular of the District Collector,Kadapa, and the Orders of the Government in G.O.Ms.No.100 dated 22.02.2014, the lands classified asGramakantham are not the Government lands and thatthere is no restraint for alienation of the said properties. Thus, the decision of the Sub-Registrar in refusing toentertain the deed of conveyance concerning theproperties in Sy.Nos.159/2 and 162/2 of Salur Municipalityis erroneous.”

4. Following the earlier decision of this Court concerning Survey Nos.159/2and 162/2, falling within the Salur Municipal Limits, this writ petition is alsodisposed of directing the Sub-Registrar (3[rd] respondent) to furnish stamp dutyand registration charges concerning the property in Survey No.159/2 of SalurMunicipality and to receive and process the deed of conveyance, as and whenpresented by the petitioners, in accordance with Indian Registration Act, 1908and Indian Stamp Act, 1899, without raising the objection that the land isclassified as Government land. The Sub-Registrar, shall complete registrationformalities, if the document is otherwise, in order and release the same. If theSub-Registrar, has any other valid reason for not entertaining the document, heshall pass a reasoned order and communicate the same to the parties. Thereshall be no order as to costs.

5. Miscellaneous petitions, if any, pending in this writ petition shall standclosed.

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P.NAVEEN RAO,J

31[st] December, 2014Rds