WP/40651/2014 of Mulla Mahaboob Vali Vs The State of Andhra Pradesh, on 31 December 2014

ORDER:

This writ petition is instituted declaring the list ofimmovable properties in Survey No.163/1 of BanaganapalleVillage, furnished by the District Collector, Kurnool, KurnoolDistrict (3[rd] respondent), to the Sub-Registrar, BanganapalleVillage and Mandal, Kurnool District (5[th] respondent), videLr.R.dis.E2/2845/2010, dated 17.01.2012, and theconsequential endorsement of the 5[th] respondent, dated09.12.2014, whereunder prohibiting the registration of theproperty in Survey No.163/1 of Banaganapalle Town inKurnool District, as arbitrary and illegal.

2. The petitioner herein intending to dispose of thesaid property has submitted an application to the 5[th]respondent on 09.12.2014 for issuing certificate of marketvalue. The 5[th] respondent made the impugned endorsementstating that the property covered in Survey No.163/1 ofBanaganapalle Village is prohibited property, as per the list ofimmovable properties furnished by the 3[rd] respondent to the5[th] respondent, dated 17.01.2012. Aggrieved by the same,

3. Concerning the property in respect of the samesurvey number, following the order in W.P.No.28546 of 2012,dated 18.09.2012, this Court by order, dated 04.07.2013,allowed W.P.No.19070 of 2013 holding the action of the Sub-Registrar in refusing to receive and process the sale deeddocument as illegal. The said order reads as under :- “For reasons alike as were mentioned in the saidorder, this writ petition is allowed holding that there isno basis for the inclusion of the petitioner’s land inSurvey No.163/1 of Banaganapalle Village, in the listof prohibited properties communicated by theRevenue Authorities to the Registration Authorities. Inthe event the Government claims the subject land asits own, it is open to it to initiate appropriateproceedings before the competent forum in thatregard and seek cancellation of the registeredtransactions thereafter. The endorsement dated01.07.2013 of the Sub-Registrar, Banaganapalle, isaccordingly set aside. The Sub-Registrar,Banaganapalle, is accordingly directed to receive andprocess the document presented by the petitioner inrespect of the subject land without reference to theletter dated 17.01.2012, subject to the documentpresented for registration being in accordance withthe requirements of the Registration Act, 1908 andthe Indian Stamp Act, 1899.”

4. Following the above decision, this Writ Petitionis disposed of directing the Sub-Registrar, BanaganapalleVillage and Mandal, Kurnool District (5[th] respondent), tofurnish market value on the property and to receive andprocess the document presented by the petitioner in respectof the subject land without reference to the letter, dated17.01.2012, subject to the document presented for registration being in accordance with the requirements of theRegistration Act, 1908 and the Indian Stamp Act, 1899. Thereshall be no order as to costs. Miscellaneous petitionspending in this writ petition, if any, shall stand closed.

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P.NAVEEN RAO,J

Date: 31[st] December, 2014

KL

Date: 31[st] December, 2014

KL