Telangana High Court
WP/40974/2014 of Aketi Adinarayana Vs The State of Andhra Pradesh, on 31 December 2014
COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.40974 of 2014 Between: Aketi Adinarayana, S/o. Late Rama Swamy, Aged
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OFANDHRA PRADESH
WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOURTEEN
Present
Between:
Aketi Adinarayana,S/o. Late Rama Swamy, Aged about 76 years,R/o. Muttarasu Street, Salur,Vizianagaram District.
.. Petitioner
AND
The State of Andhra Pradesh,Rep. by its Principal Secretary,Revenue Department,Secretariat Buildings, Hyderabad & 2 others ..
Respondents
The Court made the following:
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ORDER:
The case of the petitioner is that he owns house property(building and vacant site) bearing Door No.56-1-16, presentDoor No.56-75, Municipal Assessment No.1092006750, situatedat North side of Neyyala Street Road of Salur Village and thevacant sites situated in Muttarasu Street bearing MunicipalAssessment No.1092006889, both are situated in Ward No.13,in Town Survey No.162/2, Salur Municipality, VizianagaramDistrict. The petitioner had applied for a loan in Canara Bank,Salur Branch, and the same was sanctioned on the security ofthe said property and in order to obtain the loan from the bank,the petitioner has to execute a registered Mortgage by depositof title deed in favour of the Bank. When the petitionerapproached the Sub-Registrar, Salur Mandal, VizianagaramDistrict (2[nd] respondent), requesting him to furnish marketvalue and permit him to present the document, the Sub-Registrar refused to receive and process the same on theground that the land is classified as ‘Poromboke’ and cannot bepermitted for alienation as per the communication furnished bythe revenue authorities.
2. When the matter is taken up for consideration, learned counsel for the petitioner, learned AssistantGovernment Pleader for Revenue and the learned StandingCounsel for Municipality represented that the subject matter ofthis writ petition is covered by the decision of this Courtrendered in W.P.No.1339 of 2014 and batch.
3. In W.P.No.1339 of 2014 and batch, after construingthe provisions in Section 2(1) of the A.P. Land EncroachmentAct, 1905, the proceedings issued by the District Collector,Kadapa, in Circular Reference No.E3/1291/2007, dated29.04.2007, G.O.Ms.100, dated 22.02.2014, and earlier decisionof this Court in W.P.No.23634 of 2012 and batch, this Court heldas under:
“As evident from the Circular of the District Collector,Kadapa, and the Orders of the Government inG.O.Ms.No.100 dated 22.02.2014, the lands classifiedas Gramakantham are not the Government lands andthat there is no restraint for alienation of the saidproperties. Thus, the decision of the Sub-Registrar inrefusing to entertain the deed of conveyance concerningthe properties in Sy.Nos.159/2 and 162/2 of SalurMunicipality is erroneous.”
4. Following the earlier decision of this Courtconcerning Survey Nos.159/2 and 162/2 falling within the SalurMunicipal Limits, this Writ Petition is also disposed of directingthe Sub-Registrar, Salur Mandal, Vizianagaram District (3[rd]respondent) to furnish market value concerning the propertyclaimed to have owned by the petitioner in Town SurveyNo.162/2 of Salur Municipality and to receive and process thedocument as and when presented by the petitioner, inaccordance with the Registration Act, 1908, and the IndianStamp Act, 1899, without raising the objection that the land is classified as Government land. The Sub-Registrar shallcomplete registration formalities, if the document is otherwise inorder and release the same. If the Sub-Registrar has any othervalid reason for not entertaining the document, he shall pass areasoned order and communicate the same to the petitioner. There shall be no order as to costs. Miscellaneous petitions, ifany, pending in this writ petition shall stand dismissed.
_________________
P.NAVEEN
RAO, J
Date: 31[st] December, 2014
KL
Date: 31[st] December, 2014
KL