WP/41349/2022 of CHITTATURU SAROJANAMMA Vs THE STATE OF ANDHRA PRADESH on 30 December 2022

Conclusion

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission.

2. The Writ Petition is filed seeking to declare the action of the 4[th] respondent in refusing to register the sale transactions in respect of petitioner’s land of an extent of Ac.0.67 cents in Survey No.359/1 of Avilala Village, Tirupati Mandal, Chittoor District, though the same is not in prohibited list on the ground that the subject matter land is showing in ‘notional katha’ and thereby insisting for production of Title Deeds and Pattadar Passbooks as illegal, arbitrary and violative of Article 14 of Constitution of India and contrary to the provisions of A.P.Rights in Land and Pattadar Passbooks Rules, 1989 and for a consequential direction to the 4[th]respondent to entertain registration in respect of the subject matter land.

3. Referring to the averments made in the Writ Petition, the learned counsel for the petitioner submits that the rights over the subject matter property after the demise of petitioner’s husband have been devolved upon the petitioner and her daughter and since then they have been in peaceful possession and enjoyment of the same. He submits that when the petitioner approached the Sub-Registrar for registration of Sale Deed, he refused to entertain registration in respect of the subject land on the ground that the same is shown under ‘notional katha’ in the revenue records by the revenue officials. He further submits that the petitioner throughLetter dated 31.03.2022 requested the 3[rd] respondent to delete the land from ‘notional katha’, but was informed that unless the petitioner obtain mutation and passbooks, the ‘katha number’ would not be changed. Upon which, the petitioner filed Form-6A application on 08.04.2022 through online for issuance of passbooks, but no action has been taken so far. Therefore, the petitioner is constrained to approach this Court seeking appropriate directions.

4. The learned counsel for the petitioner, furthersubmits that the 4[th] respondent is the statutory authority and under the provisions of the Stamps & Registration Act, 1908(for short ‘the Act’), he is empowered to refuse the registration, if the lands falls in any of the categories specified under clauses (A to D) of Section 22-A of the Act. He submits that the land in question does not fall in any of the clauses under Section 22-A of the Act and that it is not included in the prohibited category list. As such, it is not open to the 4[th] respondent to refuse the registration on the ground the land is shown in ‘notional katha’. He also contends that when the revenue records recognizes the title of the petitioner’s husband, mere mentioning in ‘notional katha’ does not affect the right of the petitioner to sell the property and the same cannot be taken as basis to refuse registration. The learned counsel for the petitioner submits that Rule 26(3) of A.P.Rights in Land and Pattadar Passbooks Rules, 1989 (hereinafter referred to as Rules, 1989) contemplates that obtaining pattadar passbooks and title deeds is not compulsory for the pattadars and owners. Further that the registering authority shall not insist for production of title deed-cum-pattadar passbook for any transaction in respect of the land. He accordingly urges for granting the relief as prayed for.

5. On a due consideration of matter, this Court finds force in the submissions made by the learned counsel for the petitioner with reference to Rule 26(3) of the Rules, 1989 which reads thus:

Rule 26 (3) : It shall not be compulsory for the pattadar and owners to obtain title deed-cum-pattadar pass books. It will be optional as per discretion of the Pattadar/Owner. The Registration authority under the Registration Act, 1908 shall not insist for production of title deed-cum-pattadar pass book for any transaction in respect of the land. Similarly, no credit agency shall insist for production of title deed-cum-pattadar pass book for the purpose of sanction or discharge of loan.discretion of the Pattadar/Owner. The Registration authority under the Registration Act, 1908 shall not insist for production of title deed-cum-pattadar pass book for any transaction in respect of the land. Similarly, no credit agency shall insist for production of title deed-cum-pattadar pass book for the purpose of sanction or discharge of loan.

6. A reading of the Rule extracted above makes it clear that obtaining pattadar pass books and title deeds is optional and the Registration authority shall not insist for production of the same. In view of the undisputed Rule position, there is no justification for not registering the document on the ground of non-production of pattadar pass books and title deeds.

7. Therefore, this Court is inclined to dispose of the Writ Petition with a direction to the 4[th] respondent to register the document in respect of the subject matter land, if the same is otherwise in compliance with the provisions of the Act, in the light of Rule 26(3) of the Rules, 1989, within a period of four (4) weeks from the date of receipt of a copy of this order.

8. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.

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NINALA JAYASURYA, J

Date: 30.12.2022 BLV

BLV

HON’BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.41349 of 2022

Dt: 30.12.2022