Common order disposing writ petitions where the ground patidar petitioner claimed registration of documents. The court directed the Sub-Registrar to register documents if the land was assigned before 1954. Dismissed other claims.
No costs
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THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO
WRIT PETITIONS No. 8171, 8183, 8185, 8190, 8191, 8195, 8197 and 8199 of 2011
COMMON ORDER:
Learned Government Pleader for Revenue, who has received instructions in the matter, submits that the petitioners have not presented any document for registration, before the 3rd respondent Sub-Registrar, Anantapur Rural, as alleged in the Writ Petitions, but however, the learned Government Pleader has pointed out that the land with which the writ petitioners are said to be concerned is, undoubtedly, an assigned land, but the assignments seem to have taken place somewhere in the year 1928, as can be made out from the report of the Tahasildar, Anantapur submitted to the Collector, Anantapur on 11.12.2010. It will be appropriate in this connection, to notice that for the first time, prohibition of alienation of assigned lands was contemplated by the government somewhere during the year 1954. It is therefore, clear that prior to 1954, lands, which have been assigned, are not strictly prohibited from being alienated and hence, lands, which are assigned prior to 1954, need not be held back for the purpose of registration of sale transactions.
In view of the statement of the learned Government Pleader that no document has been presented for registration purposes before the 3rd respondent, I deem it appropriate to direct the 3rd respondent to deal with any such document which the writ petitioners might present in accordance with law, provided the lands are assigned originally prior to 1954 and if that be so, the 3rd respondent may proceed to register the same, if the document is otherwise in order and act in accordance with law.
With this, the Writ Petitions stand disposed of. No costs.
---------------------------------(NOOTY RAMAMOHANA RAO, J)
6th June 2011 ksld
1 issue framed by the court
Whether documents relating to assigned land prior to 1954 can be registered.
1 provisions across 1 enactments
Nooty Ramamohana Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
