Telangana High Court
WP/40431/2014 of Adapa Venkanna, Vs The State of Andhra Pradesh, on 31 December 2014
SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.40431 of 2014 Dated : 31.12.2014 Between: Adapa Venkanna S/o.Adapa Ramanna, Aged about 55 yrs, Occu : Agriculture, R/o.Mentada Street, Salur Village & Municipality, Vizianagaram District. .. Petitioner And The State of Andhra Pradesh, Rep.,
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.40431 of2014
Dated : 31.12.2014
Between:Adapa Venkanna S/o.Adapa Ramanna,Aged about 55 yrs, Occu : Agriculture,R/o.Mentada Street, Salur Village & Municipality,Vizianagaram District.
.. Petitioner
And
The State of Andhra Pradesh,Rep., by the Principal Secretary,Registration and Stamps (Revenue) Department,Secretariat, Hyderabad & 2 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.40431 of 2014
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ORDER:
The case of the petitioner in this writ petition is that he entered into anagreement, to purchase a semi constructed house property to an extent of 58.5Square yards, Devara Street, Kota Street, Ward No.8 in Survey No.159/2, SalurVillage & Municipality, Vizianagaram District, for a sale consideration. Accordingly, when the petitioner along with his vendor approached the Sub-Registrar, Salur, Vizianagaram District (3[rd] respondent), requesting him tofurnish stamp duty and registration charges and permit him to present the deedof conveyance, the 3[rd] respondent refused to receive and process the same onthe ground that the property is classified as ‘Government land’ and cannot bepermitted for registration as per the communication furnished by the revenueauthorities.
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 petitioner, in accordance with Indian Registration Act, 1908 andIndian Stamp Act, 1899, without raising the objection that the land is classified asGovernment land. The Sub-Registrar, shall complete registration formalities, ifthe document is otherwise, in order and release the same. If the Sub-Registrar,has any other valid reason for not entertaining the document, he shall pass areasoned order and communicate the same to the party. There shall be no orderas 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, 2014RdsRds