Telangana High Court
WP/30311/2010 of Lingam Chandra Kumari Vs TheSub-Registrar, on 31 December 2010
COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY, THE THIRTYFIRST DAY OF DECEMBER TWO THOUSAND AND TEN PRESENT THE HONOURABLE MS.JUSTICE G. ROHINI WRIT PETITION No. 30311 OF 2010. Between: Lingam Chandrakumari … Petitioner V/s. The Sub-Registrar Chintalapdi, Chintalapudi Mandal West
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESHAT HYDERABAD
FRIDAY, THE THIRTYFIRST DAY OF DECEMBERTWO THOUSAND AND TEN
PRESENT
THE HONOURABLE MS.JUSTICE G. ROHINI
WRIT PETITION No.30311 OF 2010.
Between:
Lingam Chandrakumari … Petitioner V/s.
The Sub-RegistrarChintalapdi, Chintalapudi MandalWest Godavari district & Anr. … Respondents Counsel for the Petitioner : Sri S. Appadhara Reddy Counsel for the Respondents : GP for Revenue for R1 & R2
The Court made the following order : (order follows 2[nd] page onwards)
THE HONOURABLE MS.JUSTICE G. ROHINI
O R D E R:
This writ petition is filed seeking declaration that the actionof the first respondent in refusing to register the sale documentpresented by the petitioner in respect of Ac:3-00 in R.S.No. 499/8,Ac:4-30 cents in RS.No. 499/9, Ac:5-10 cents in R.S.No. 499/10situated in Epigunta village, T. Narsaspuram Mandal, West Godavaridistrict on the ground that the said lands were assigned land isarbitrary and illegal.
It is pleaded by the petitioner that he purchased the abovesaid land under registered sale deed dated 13-03-2006. It is alsopleaded that the vendor of the petitioner purchased the said land inthe year 1982 in the auction held by the Sale Officer, ChintalapudiCo-operative Development Bank, Chintalapudi and that the said salewas confirmed on 31-12-1982 and the sale certificate in Form-10 wasissued by the Co-operative Sub-Registrar in favour of his vendor.Thus, it is contended by the petitioner that there cannot be anyobjection for registration on the ground that the said lands wereassigned land.
I have heard the learned counsel for both the parties.
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An identical question was considered by a Division Benchof this Court in SUB-REGISTRAR, SRIKALAHASTI, CHITTOORDISTRICT V/s. K. GURAVAIAH[[1]], wherein it was held that theassigned land which was sold in execution of recovery of debt by aCo-operative Society can be sold by the purchaser and theprohibition against alienation contained in the provisions of the A.P.Assigned Lands (Prohibition of Transfer) Act, 1977 does not apply tosuch sale transactions.
In view of the settled legal position, the objection raised bythe first respondent is not tenable.
Accordingly, following the Division Bench decision, the writpetition is disposed of with a direction to the respondents to receiveand register the document relating to the lands in question subject tothe condition that the petitioner produces the sale certificate grantedin favour of his vendor. No costs.
________________________
JUSTICE G. ROHINI.
31-12-2010I s L
THE HONOURABLE MS.RI JUSTICE G. ROHINI
WRIT PETITION No. 30311 OF 2010
[1]) 2009 (5) ALD-250
CIRCULATION ENTRY No.115Date: 31-12-2010Court Master: I s LComputer No. 43
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