Disposed

Muppidi Mangamma v. the State of Ap

Andhra Pradesh HC24 Apr 2024WP/403/2024

Case brief

AI extract

What is this about?

A writ petition challenging a Sub-Registrar's refusal to register documents over Ac.2-80 cents of assigned land in Jangareddygudem. The court noted prior alienations per encroachment certificate but relied on precedent that registering a gift deed of assigned land is no bar, and directed processing the document in accordance with law.

What did the court decide?

7th respondent directed to receive and process petitioner's document for registration of Ac.2-80 cents in Sy.No.323/2A strictly in accordance with law, expeditiously; no costs.

Muppidi Mangamma Vs the State of Ap — Land Acquisition | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 403 OF 2024

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Between:

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Muppidi Mangamma, W/o Late Nagaiah, Aged 63 years, Occ: Agriculturist, H.No.1-1-174, Jagajeevannagar, Jangareddygudem Mandal, Eluru District. ...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi,^Guntur District.

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The District Collector, Eluru, West Godavari District, Andhra Pradesh. 3. The District Registrar, Eluru, Eluru District. 4. The Tahsildar, Jangareddygudem Mandal, Eluru District. 5. The Sub Registrar, Jangareddygudem, Eluru District 6. The Mandal Surveyor, Jangareddygudem Mandal, Eluru^District 7. The Sub Registrar, Chintalapudi, Eluru District. R7 is impleaded as per the Court Order dt 04.04.2024 vide orders passed in I.A.No.03 of 2024.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, or direction more particularly^{oneinthenatureof} Writ of Mandamus declaring the action of the 5**^ respondent in refusing to receive the documents for registration in respect of lands admeasuring Ac 2.80 cents in Sy R S No 323/2A, at Jangareddygudem village, and Mandal, Eluru District of the petitioner is illegal, arbitrary and unconstitutional and consequently direct the S**" respondent to receive and Register the documents of the petitioner for registration in respect of lands in Sy. No. 323/2A of Jangareddygudem Village and Mandal, Eluru District and to release the same.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition,^theHighCourt may^be pleased to direct the 5**^ respondent to receive and^{Registerthedocuments} of the petitioner for registration in respect of lands^{inSy.No.323/2Atoan} extent of Ac. 2-80 cents, situated at Jangareddygudem Village and Mandal, Eluru District pending disposal of the Writ petition.

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lA NO: 2 OF 2024

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Between:

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The State of Andhra Pradesh, Rep. by its Principal^Secretary Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi,^Guntur District.

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The District Registrar, Eluru, Eluru District.

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The Sub Registrar, Jangareddygudem, Eluru District

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...Petitioners/Respondents

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Muppidi Mangamma, W/o Late Nagaiah, Aged 63 years,^Occ: Agriculturist, H.No.1-1-174, Jagaj eevannagar, Jangareddygudem Mandal, Eluru District.

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...Respondent/Petitioner

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The District Collector, Eluru, West Godavari District,^{AndhraPradesh.}

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The Tahsildar, Jangareddygudem Mandal, Eluru District.

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The Mandal Surveyor, Jangareddygudem Mandal, Eluru^District

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...Respondents/Respondents

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(Respondent No.2 to 4 not necessary party in this petition)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated. 09-01-2024^{passedinWP.No.} 403 of 2024 and dismiss the writ petition against this respondent.

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lA NO: 4 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to receive and Register^thedocuments of the petitioner for registration in respect of lands^{inSy.No.323/2Ato}

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extent of Ac. 2-80 cents, situated at Jangareddygudem Village and Mandal, Eluru District pending disposal of the Writ petition.

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Counsel for the Petitioner: SRI VUYYURU LAKSHMANA RAO

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Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS

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The Court made the following order:

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.403 OF 2024

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Muppidi Mangamma, W/o late Nagaiah, Aged. 63 years, Occ; Agriculturist, H.No.1-1-174, Jagajeevannagar, Jangareddygudem Mandal, Eluru District.

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... Petitioner

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Versus

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The State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District,^A.P and six others.

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... Respondents

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Counsel for the petitioner; Sri K.Srinivas

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Counsel for respondents : GP for Stamps & Registration

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ORDER

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Heard learned counsel for the petitioner and learned^Assistant Government Pleader for Stamps & Registration appearing^onbehalf

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of the respondents.

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the 5 th 2. The writ petition is filed to declare the action of respondent - The Sub Registrar, Jangareddygudem, Eluru^Districtin refusing to receive the documents for registration^{quathepropertyof}

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Page 2 of 6

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SRS, J WP No.403/2024,

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an extent of Ac.2-80 cents in R.S.No.323/2A of Jangareddygudem Village and Mandal, Eluru District, as illegal and arbitrary.

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Learned counsel for the petitioner would submit that the petitioner is the owner and possessor of an extent of Ac.2-80 cents in R.S.N0.323/2A of Jangareddygudem Village and Mandal and the said property is ancestrai property. The petitioner's name was mutated in Record of Rights. The Revenue authorities issued Title Deed and Pattadar Passbook. However, the Sub-Registrar refused to receive the document. Hence, the writ petition.

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(a) Counter-affidavit is filed on behalf of the 4‘^ respondentTahsildar. In the counter-affidavit, it was contended, inter alia, that as per the FLR of Jangareddygudem Village, an extent of Ac.2-95 in R.S.No.323/2 is classified as “Gayalu”. The petitioner was assigned an extent of Ac.2-80 cents in the year 1969 as seen from FLR and hence, the property is in the list of prohibited properties list under Section 22-A(1)(a) of Registration Act, 1968. Since the property is in the prohibited properties list, it cannot be registered.

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r (b) In Para No. 12 of the counter-affidavit, it was stated that as seen from encumbrance certificate, one Smt.Muppidi Mangamma

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Page 3 of 6 SRS, J WP No.403/2024

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executed document in favour of one Pragallapati Subramanyam^vide document no. 137/1985, dated 19.01.1985 in respect^{oftheschedule} land. The said Subramanyam executed seven subsequent documents in favour of six others in the year 1985,^1988and2005. As seen from document No. 137/1985 dated 19.01.1985, it was found that Smt Muppidi Mangamma @ Kodari Mangamma and Muppidi Gangaraju, S/o Nagayya jointly executed the said document in favour of Pragallapati Subramanyam, S/o Krishna Murthy.

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Pending the writ petition, the petitioner filed I.A.No.3^of2024 seeking to implead Sub-Registrar, Chintalapudi, Eluru District as party respondent No.7 and the same was allowed on 04.04.2024.

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Thus, as seen from the material available on record, even according to the counter-affidavit, the property was assigned to the petitioner in the year 1969. One Muppidi Mangamma @ Kodari Mangmma, W/o late Kodari Ubayya and Muppidi Gangaraju, S/o Nagayya jointly executed document No. 137/1985 dated^19.01.1985 in favour of Pragallapati Subramanyam. The said Subramanyam executed document in favour of six others in the year^1985,1988 and 2005.

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Page 4 of 6

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SRS, J WP No.403/2024

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Learned counsel for the petitioner during hearing would^submit that the petitioner has not alienated the property in favour of any third parties. However, as seen from the encumbrance certificate, the schedule property was alienated in the year 1985 initially and thereafter in the years 1988 and 2005.

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No rejoinder was filed by the petitioner disputing^{thealienation} of the property vide document No. 137 of 1985 dated 19.01.1985. However, the Pattadar Passbook and Title deed filed at Page No. 13 downloaded on 14.02.2019 as well as Form IB downloaded on 28.08.2023, the name of the petitioner alone shown as owner of an extent of Ac.2-80 cents in Sy.No.323-2A vide Khata No.4470.

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The petitioner intends to execute Gift Deed. Registering^the Gift Deed, though it is an assigned land, is no bar as per the judgment reported in case of Chandrammagari Tippeswary & another vs. District Registrar Stamps & Registration Department and anotherV

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In view of the facts and circumstances of the case, the Writ Petition is disposed of directing the 7*'" respondent^to receive and

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^2013(3) ALT 116{S.B)

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Page 5 of 6

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SRS,J WP No.403/2024

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process the document to be presented by the petitioner in respect of an extent of Ac.2-80 cents in Sy.No.323/2A of Jangareddygudem Village and Mandal, Eluru District strictly in accordance^withlaw as

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expeditiously as possible. No costs.

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

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stand dismissed.

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To,

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Sd/- G.HELA NAIDU ASSISTANT^ REGISTRAR //TRUE COPY// c SEC N OFFICER

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The Principal Secretary Revenue Department, State of Andhra Pradesh, o Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Eluru, West Godavari District, Andhra Pradesh. 3. The District Registrar, Eluru, Eluru District. 4. TheTahsildar, Jangareddygudem Mandal, Eluru District « Tu ^ Registrar, Jangareddygudem, Eluru District, b. The Mandal Surveyor, Jangareddygudem Mandal, Eluru District 7. The Sub Registrar, Chintalapudi, Eluru District. 8. One CC to Sri Vuyyuru Lakshmana Rao, Advocate [OPUC] P^adSh^O^JT] ^ Court of Andhra

10.Two CD Copies RAM

HIGH COURT

DATED:25/04/2024

ORDER

WP.No.403 of 2024

DISPOSING OF THE WP WITHOUT COSTS

Muppidi Mangamma v. the State of Ap

Case brief

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Muppidi Mangamma v. the State of Ap

Case brief

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