Disposed

Bagolu Surendra Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC17 Nov 2020WP/4759/2019

Case brief

AI extract

What is this about?

Petitioner challenged refusal to register a sale deed due to land being listed as endowment property. Court disposed of petition, granting liberty to submit representation for deletion from prohibited list and directed authorities to act expeditiously.

What did the court decide?

Petitioner granted liberty to submit representation for deletion of land from prohibited property list; respondents directed to consider same and pass orders within eight weeks.

Bagolu Surendra Reddy Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2020)

¶1

THE HON’BLE SRI JUSTICE M. GANGA RAO

¶2

WRIT PETITION No.4759 OF 2019

¶3

ORDER:-

¶4

This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the Respondents 3 and 4 in refusing to receive and register the document presented for registration on the ground that the land to an extent of Ac. 4.13 cents situated in Sy.No. 170/2A, 170/2E, 174/2A and 174/2B of Sahastra Lingeswarapuram of Vedam Village, Vedam Group, Srikalahasthi Mandal, Chittoor District is shown as Endowment land vide proceedings Lr.In.Rc.No. M1/9580/2016 dated 05.07.2016 of the Commissioner of Endowments, A.P, Hyderabad is illegal, arbitrary and contrary to the provisions of Section 22-A(1)(c) of the Registration Act, 1908 and consequently direct the Respondent No. 3 and 4 to receive and register the document submitted by the petitioner by deleting the endorsement from the records of the office of the Respondents 3 and 4 as shown in the valuation certificate dated 16.03.2019.

¶5

Heard, the learned counsel for petitioner and learned Assistant Government Pleader for Registration and Stamps for Respondents.

¶6

The Case of the petitioner is that he purchased the land an extent of Ac. 4.13 cents situated in Sy.No. 170/2A, 170/2E, 174/2A and 174/2B of Sahastra Lingeswarapuram of Vedam Village, Vedam Group, Srikalahasthi Mandal, Chittoor District and a sale deed was prepared and when he obtained valuation certificate for paying the stamp duty and registration fee, the land was shown in the Market Value Column as Endowment lands, as per the proceedings Lr.In.Rc.No. M1/9580/2016 dated 05.07.2016

¶7

¶8

of the Commissioner of Endowments, A.P. Hyderabad, which is prohibited from registration under Sec. 22(a)1(c). The land is private patta land and in possession of the private parties since long time. The vendors of the petitioner had purchased the land through Registered Sale Deeds Nos. 1156 of 2007, 2641 of 2010 and 2642 of 2010 and 994 of 2007, dated 19.06.2007, 10.12.2010, 10.12.2010 and 29.05.2007 respectively. The vendors of the petitioner had obtained Pattadar Pass Books. The respondents 3 and 4 are not entertaining the registration of the document in respect of the land as the land was shown as Endowment land in the market valuation certificate. But the Endowment Department had not raised any objection in respect of the subject landed property hitherto. Being aggrieved by the arbitrary action of the respondents in not entertaining the sale deeds for registration, this Writ Petition is filed.

¶9

Sri E.V.V.S.Ravi Kumar, learned counsel for the petitioner reiterating the averments made in the affidavit filed in support of the Writ petition, would contend that the petitioner’s land is a private patta land, at no point of time, the petitioner’s land is shown as Endowment land in the Revenue Records or Endowment Register No. 40 maintained under the provisions of The Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987. In respect of the subject land, prior to purchase of the petitioner, there were several registered transactions took place in respect of the land. Hence the inclusion of the petitioner’s land in the prohibited property list maintained under Sec. 22-A of the Registration Act, 1908, prohibiting the registration of sale transactions in respect of the land as per the proceedings dated 05.07.2016 of the Commissioner of Endowments, A .P. Hyderabad is illegal and arbitrary.

¶10

¶11

He further contends that the provisions of Section 22-A(1)(c) of the Registration Act is not applicable as the petitioner’s land is not shown in any register as Endowment Land hitherto. The action of the respondents 3 and 4 in refusing to receive and register the documents in respect of the petitioner’s land is illegal and arbitrary. He seeks a direction to the respondents 3 and 4 to receive and register the documents in respect of the petitioner’s land by deleting the petitioner’s land from the purview of prohibited property list maintained under Section 22-A(1)(c) of the Registration Act, 1908.

¶12

Per contra, the learned Assistant Government Pleader for Registration stoutly opposed for grant of any relief stating that the petitioner’s land is included in the prohibited property list maintained under Section 22-A(1) (c) of the Registration Act, 1908. The petitioner filed this Writ Petition directly without approaching the Commissioner of Endowments, A.P for withdrawal of the petitioner’s land from the purview of the provisions of under Section 22-A(1)(c) of the Registration Act, hence the Writ Petition is not maintainable.

¶13

Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the record, this Court, in the interest of justice felt it appropriate to dispose of the Writ Petition.

¶14

Accordingly, the Writ Petition is disposed of giving liberty to the petitioner to submit a comprehensive representation to the 5^th respondent for deletion of the petitioner’s land viz., an extent of Ac. 4.13 cents in Sy.No. 170/2A, 170/2E, 174/2A and 174/2B situated at Sahastra Lingeswarapuram of Vedam Village, Vedam Group, Srikalahasthi Mandal, Chittoor District, from the

¶15

¶16

prohibited property list maintained under Section 22-A(1)(a) of the Registration Act, within a period of three (03) weeks from the date of receipt of a copy of this order, on such representation being submitted by the petitioner, the 2^nd respondent is directed to consider the same in accordance with law and pass reasoned order deleting the petitioner’s land from the prohibited property list and communicate the same to the petitioner. The entire exercise for deletion of the petitioner’s land shall be completed as expeditiously as possible not later than eight (08) weeks from the date of receipt of the representation submitted by the petitioner and communicate the same to the 4^th respondent/ The Sub Registrar, Thottamedu, Sreekalahasthi Mandal, Chittoor District. There shall be no order as to costs.

¶17

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

¶18

__________________________ JUSTICE M. GANGA RAO

¶19

Date: 17.11.2020 KK

¶20

¶21

THE HON’BLE SRI JUSTICE M. GANGA RAO

¶22

WRIT PETITION No.4759 OF 2019

¶23