Allowed

Linga Reddy Ramasubba Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC10 Nov 2020WP/18865/2020

Case brief

AI extract

What is this about?

The Court allowed a writ petition challenging the refusal by the Sub-Registrar to register a pending sale deed. The property was previously listed as prohibited, but the Revenue Authority had removed it from the list. The Court held the Sub-Registrar's refusal illegal and directed registration.

What did the court decide?

The impugned intimation of refusal order dated 26.09.2020 is set aside; the 5th respondent is directed to register and release the pending document No. 43 of 2020. Costs of Rs. 5,000 awarded against t

Linga Reddy Ramasubba Reddy Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.18865 OF 2020

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ORDER:-

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This Writ Petition is filed to issue a Writ of Mandamus declaring the Intimation of refused order dated 26.09.2020 issued by 5^th respondent without passing Refusal Order, intimating refused to register the pending document P.No. 43 of 2020 as illegal and arbitrary and consequently set aside the impugned communication/ Intimation dated 26.09.2020 and direct the respondent No.4 to register and release the pending document No.43 of 2020.

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The Case of the petitioner is that he is the absolute owner of the land admeasuring Ac. 1.46 cents in Sy.No. 226/2 of Proddutur Village and Mandal, Kadapa District. The petitioner purchased the said property under a Registered Sale Deed dated 25.09.1985. The Revenue Authorities mutated the name of the petitioner in all Revenue Records, except in Resettlement Register (RSR) and also issued Pattadar Pass Book and Title Deed in favour of petitioner. The name of the Pattadar Column in the RSR Register mentioned as Dot. The 3^rd Respondent issued proceedings keeping the subject property in prohibited properties list under Section 22-A(1) of A.P. Registration Act. The petitioner has made an application on 08.07.2017 to the 3^rd Respondent for removal of Dots in RSR and updates the Resettlement Register by deleting entry of the subject property from the prohibited properties list and intimate the same to the concerned Sub-Registrar enable him to register the documents, but no order is passed. Therefore the petitioner has filed Writ Petition No. 6999 of 2019 before this Court, the same

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was disposed on 07.06.2019 directing the 3^rd Respondent to dispose of the application as expeditiously as possible within a period of two months. In pursuant of the said order, the 3^rd respondent disposed of the application of the petitioner on 15.12.2019 deleting the entry of the property of the petitioner in respect of above subject property from the list of prohibited properties under Section 22-A(1) and directing to updating in RSR of Proddatur Village by declaring the subject property is a private patta land. Further 3^rd respondent directed the 4^th respondent to delete the entry of the subject land from the Prohibition List and take appropriate action accordingly.

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The petitioner intends to sell the property and executed a Sale Deed for registration before 5^th Respondent on 26.02.2020 bearing pending document No. P.No.43 of 2020 and kept the document pending on the ground that the subject property is in prohibited list under section 22-A(1) of the Registration Act. The petitioner has submitted a copy of the order of this Court in the above said Writ Petition and furnished the copy of proceedings of the District Collector under Dot Act. In spite of the same the 5^th respondent is not inclined to register and release the pending document; hence the petitioner issued a notice on 16.09.2020 to the 5^th respondent and replied. The petitioner presented the document on 26.02.2020 as per circulars issued by the Director and Inspector General of Registration and Stamps as per Memo No. G1/19131/2005 dated 08.10.2015 for registration before the 5^th respondent, who kept the same nearly about 7 months and issued show cause notice on 16.09.2020 and issued intimation letter on 26.09.2020. The 5^th respondent has not passed any

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separate order by assigning reasons on the representation made by the petitioner. Even after 3^rd respondent issued order declaring the subject land is a private land, the 5^th respondent not registering the document and issued refusal intimation without passing orders. Assailing the inaction of the 5^th respondent, this Writ Petition is filed.

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The learned Government Pleader for Registration and Stamps requested time for filing counter. Inspite of granting several adjournments, no counter is filed on behalf of Respondents. Hence, this Court constrained to pass appropriate orders.

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In the facts and circumstances of the case, considering the submission of the learned counsel and perused the record, this court found that the action of the 5^th respondent, in keeping the document pending vide pending document No. 43 of 2020, without registration and release as per the provisions of Registration Act, even after proceedings of the 3^rd respondent dated 15.12.2019, deleting the subject property from the prohibited properties list is illegal, arbitrary and contrary to the provisions of Registration Act. Accordingly the impugned intimation of refusal order dated 26.09.2020 is liable to be set aside.

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Accordingly this Writ Petition is allowed, the impugned Intimation of refusal order dated 26.09.2020 issued by the 5^th respondent is hereby set aside and the 5^th respondent is directed to register and release the pending document No. 43 of 2020 in favour of the petitioner forthwith. This Writ Petition is allowed with costs of Rs. 5,000/- (Rupees five thousand only) payable to the

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A.P.Legal Services Authority, Amaravati, by the 5^th Respondent from his personal pay, within a period of four (04) weeks from the date of receipt of a copy of this order.

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As a sequel, miscellaneous applications pending, if any, shall

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also stand closed.

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__________________________ JUSTICE M. GANGA RAO

Date: 10.11.2020

THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.18865 OF 2020

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Date: 10.11.2020

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Linga Reddy Ramasubba Reddy v. The State of Andhra Pradesh

Case brief

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Linga Reddy Ramasubba Reddy v. The State of Andhra Pradesh

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