Dismissed

H K Jaya Simha v. the State of Ap

Andhra Pradesh HC2 Aug 2021WP/14369/2020

Case brief

AI extract

What is this about?

The court directed the respondent authorities to receive and process the petitioner's document for registration of land. It further instructed that if registration is impossible, a reasoned order must be passed under Sections 71 and 72 of the Registration Act.

What did the court decide?

Directed the respondent authorities to receive and process the petitioner's document for registration in accordance with law.

H K Jaya Simha Vs the State of Ap — Landlord and Tenant | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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WRIT PETITON No. 14369 of 2020

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O R D E R:

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Heard Sri Prakash C, learned counsel for the petitioner and learned Government Pleader for Registration and Stamps appearing for the respondents.

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This Writ Petition is filed under Article 226 of the Constitution of India seeking to issue a Writ of Mandamus for the following relief:

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“declaring the action of the 5th respondent in not receiving the document for registration in respect of the land in Sy.No.587 an extent of Ac.110 situated at Thangedigunta Village OD Cheruvu Mandal Ananthapur District as illegal arbitrary and violation of principles of natural justice and consequently, direct the 5^th respondent to receive and register the document presented by the petitioner in favour of third parties release the same in respect of the land in Sy.No.587 an extent of Ac 110 situated at Thangedigunta Village OD Cheruvu Mandal Ananthapur District.”

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The brief facts of the case are that Thangedukunta Village was declared as a Shotrium village and the petitioner is legal heirs of original Shrotirumdars. The petitioner’s forefathers got the property in question through the sanad in copper plates in 1651 corresponding to 1721 AD in Shalivahana village granted by Hari Hara Bukkarayulu to original Grantee Keshava Charyulu. It is stated that in the year 1987, the 2^nd respondent – Joint Collector-cum-Settlement Officer made an endorsement dated 18.11.1987 on the petition filed by the original grantee. As the revenue authorities disturbing the possession of the original grantees, they filed a writ petition Vide WP No.19556 of 1987 and this Court by order dated 27.12.1995 disposed of the writ petition directing the respondents

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therein not to interfere with the peaceful possession and enjoyment including dispossession of the land possessed by the ancestors of the petitioners. When the registering authority insisting for no objection certificate for registration of the land, the petitioners filed a writ petition vide WP No.38712 of 2012 and this Court by order dated 14.12.2012 allowed the writ petition directing the Sub Registrar to act strictly in accordance with the Memo dated 16.12.2012. Thereafter, several transactions have taken place and during the interregnum period, the 5^th respondent entertained the documents for registration and issued sale deeds in favour of third parties.

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The grievance of the petitioner is that the land to an extent of Ac.2609.82 cents situated in Sy.No.587 was divided into 11 shares as per family gemology and out of the same, the petitioner’s share comes to Ac.110.00 and due to his aged old health problems, he intended to sell away his share, the 5^th respondent did not and process the document for registration pertaining to the subject land, which is illegal and arbitrary. Hence, the writ petition.

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The grievance of the petitioner is that the respondent authorities did not receive and register the document presented by the petitioner.

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Learned Government Pleader for Registration and Stamps appearing for the respondents acceded to the said request, and the respondent authorities are ready to receive and process the document if submitted by the petitioners in accordance with law.

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Having regard to the facts and circumstances of the case and taking into consideration the submissions, the respondent authorities are directed to receive and process the document submitted by the petitioner in accordance with law. In case the instrument presented cannot be registered, the Registrar shall pass a reasoned order as mandated under Section 71 of the Registration Act, as it is appealable under Section 72 of the Registration Act.

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With the above direction, the Writ Petition is disposed of. No costs.

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Miscellaneous petitions pending if any, shall stand closed.

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________________________________ JUSTICE M.SATYANARAYANA MURTHY

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02.08.2021 Mjl/*

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HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITON No. 14369 of 2020

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