Telangana High Court

WP/38911/2013 of D.Lakshmi Bai, Vs The Government of A.P., on 31 December 2013

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND THIRTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38911 of 2013 Between: D. Lakshmi Bai .. Petitioner AND The Government of Andhra Pradesh, Rep. by its Secretary,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESHAT HYDERABAD

TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWOTHOUSAND AND THIRTEEN

Present

Between:

D. Lakshmi Bai

.. Petitioner

AND

The Government of Andhra Pradesh,Rep. by its Secretary,Revenue Department (Stamps & Registration),Secretariat, Hyderabad & 4 others

.. Respondents

The Court made the following:

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ORDER:

The petitioner own and possess the house bearingD.No.11/40 (New) and 11/20 (Old), existing in an extent of 83.33square yards in Sy.No.163/1 of Banaganapalle Nagar Panchayat,Kurnool District, which was built in a plinth area of 750 square feetwith Kadapa roof. Due to personal needs, the petitioner intend todispose of the property and made an application to the 5[th]respondent for issuance of market value certificate, but the 5[th]respondent refused to issue the same on the ground that the landin Survey No.163/1 is prohibited for registration. Therefore, noregistration can be made and thus no market value certificate canbe issued.

2. Vide letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, theland in Survey No.163/1 of Banaganapalle Village is also includedin the prohibited area and the Sub-Registrar, BanaganapalleVillage requested not to entertain any document for registrationconcerning the said survey number.

3. On the same issue, this Court passed several orders andinspite of the same, the concerned authority is refusing to issuevaluation certificate and for entertaining the documents for registration. The approach of the respondents is deprecated.

4. In W.P.No.20076 of 2012 this Court passed the following order :- “Inasmuch as the house property of thepetitioner admeasuring Acs.36.66 square yards issituated in Survey No.163/1 of Banaganapalle Villageand Mandal, Kurnool District, which was originallyincluded in the list of properties prohibited fromregistration and, now, basing on the writteninstructions, it is submitted that recommendationshave already been made for deletion of the entireSurvey No.163/1, admeasuring Acs.78.25 cents, fromthe properties prohibited from registration under theRegistration Act, 1908, 5[th] respondent herein isdirected to receive and process the document thatmay be presented by the petitioner for sale of thehouse property in question, without treating the sameas Government property. It is clarified that, it is opento the 5[th] respondent to verify whether the saiddocument is in accordance with the Registration Act,1908 and the Indian Stamp Act, 1899.”

5. For the reasons alike, this Writ Petition is also disposed of directing the 5[th] respondent to issue market value certificate andas and when the document is presented for registration of thehouse bearing D.No.11/40 (New) and 11/20 (Old), existing in anextent of 83.33 square yards in Sy.No.163/1 of BanaganapalleNagar Panchayat, Kurnool District, the 5[th] respondent shallreceive and process the same without reference to the letterNo.R.Dis.(E2)/2845/2010, dated 17.01.2012. There shall be noorder as to costs. Miscellaneous petition, if any, pending in thiswrit petition, shall stand closed.

Date: 31[st] December, 2013KL

_________________

P.NAVEEN RAO, J

Date: 31[st] December, 2013

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