Telangana High Court
WP/35433/2013 of Valluri Thatabbai Chowdari, Vs The State 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.35433 of 2013 Between: Valluri Thatabbai Chowdari & 4 others .. Petitioners And The State of Andhra Pradesh, Rep.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD
MONDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND THIRTEEN
PresentHON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.35433 of 2013
Between:
Valluri Thatabbai Chowdari & 4 others
.. Petitioners
And
The State of Andhra Pradesh,Rep. by its Principal Secretary,Revenue Department, Secretariat,Hyderabad & 3 others
.. Respondents
This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO
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ORDER:
The petitioners submit that Survey No.326 of Dhawleshwaram Village consists ofAc. 68.53 cents is a patta land. Out of the total extent, Ac. 02.55 cents of land wasconverted into house plots in small bits between 200-500 square yards. The petitionershave purchased these plots in the year 2012 vide document bearing Nos.4991 of 2012,4979 of 2012, 4994 of 2012, 4967 of 2012 and 4995 of 2012 respectively. Due to personalnecessities, the petitioners intend to dispose of these house plots, petitioners presentedthe sale deeds before 3[rd] respondent for registration, but he refused to accept the saledeeds on the ground that the 4[th] respondent addressed a letter to him on 30.11.2012stating that the land in Survey No.326 of Dhawleshwaram Village was mentioned as PWDGani in resettlement register.
2. Learned Government Pleader, on instructions, submits that the land in SurveyNo.326 is a patta land. Merely because the Public Works Department intimated that theland is PWD Gani, the same cannot be refused for registration. Hence, no notificationunder Section 22-A of the Registration Act, 1908, was issued.
3. This Court in Madiga Papamma Vs. State of A.P.[[1]]and Koona Subbaramaiah Shetty Vs. State of A.P.[[2]]held that mere dots in the RSR was not sufficient to supportclaim of the respondents that the lands in question were not patta lands, and that such dotsdid not constitute proof of title. In any event mere registration of a conveyance deed doesnot create any title in favour of the transferee and, if the Government is of the view that theproperty belongs to it, it can always assert its title and claim the property in accordancewith law.
4. In such circumstances, I consider it appropriate to direct the 3[rd] respondent toreceive the documents presented by the petitioners insofar as the land in Survey No.326 inDhawleshwaram Village and consider their request of registration in accordance with lawsubject to the petitioners complying with the requirements of the Indian Registration Act,1908 and the Indian Stamp Act, 1988. If the 3[rd] respondent is of the opinion that thedocuments presented for registration warrant denial, he shall pass orders in writingindicating the reasons for such refusal under Section 71 of the Registration Act, 1908 andcommunicate the same to the petitioners.
5. Accordingly, the Writ Petitions are disposed of. No costs. Miscellaneous petition, ifany, pending in these writ petitions, shall stand closed.any, pending in these writ petitions, shall stand closed.
_____________________
JUSTICEP.NAVEEN RAO
Date: 30[th] December, 2013
KL
HON’BLE SRI JUSTICE P.NAVEEN RAO
Date: 30[th] December, 2013
KL
[1]2011(2) ALD 487
[2]Judgment in W.P.No.16434 of 2010, dated 29.09.2010