Allowed

Challagulla Indira Devi v. The Sub Registrar, Chintalapudi West

Telangana HC9 Aug 2012WP/24220/2012

Case brief

AI extract

What is this about?

This court allowed a writ petition challenging the refusal of the Sub-Registrar to register a sale document for lands originally assigned but purchased by the petitioner in an auction under the Cooperative Societies Act. Relying on the Division Bench judgment in K. Guravaiah's case, the court held that such lands lose assigned status and direction was issued to the registrar to process the documen

What did the court decide?

Writ petition allowed with direction to the registering authority to receive and process the sale documents for registration without reference to the ground that the lands were originally assigned.

Challagulla Indira Devi Vs The Sub Registrar… — Cooperative Societies | Telangana HC (2012)

¶1

THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.24220 of 2012

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ORDER:

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This writ petition is filed seeking a Mandamus declaring the action of the respondents in refusing to register the document with regard to sale of lands admeasuring Ac.4.61 cents in R.S.No.200-3 of Kethavaram Village, T.Narasapuram Mandal, West Godavari District, as illegal and arbitrary.

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It is the case of the petitioner that though originally the aforesaid land was assigned land, she purchased the same in the auction conducted by the District Cooperative Central Bank, Eluru, in execution of award passed under the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’). It is also stated that aforesaid sale was confirmed in favour of the petitioner and sale certificate was also issued.

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In this writ petition, it is the grievance of the petitioner that as she wanted to sell the aforesaid lands, she approached the first respondent for presentation of documents for registration, but the same are not being received by the first respondent on the ground that the lands are listed as assigned/Government lands as per the list issued by the Tahsildar, the 2^nd respondent.

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The said issue is no more res integra in view of the judgment rendered by a Division Bench of this Court, for which, I am a Member, in the case of SUB REGISTRAR, SRIKALAHASTI, CHITTOOR DISTRICT

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AND ANOTHER v. K.GURAVAIAH AND ANOTHER^[1] . In the said judgment, the Division Bench of this Court while interpreting the provisions of Sections 5 and 6 and Explanation to Section 2 of the

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Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1997, held that if the assigned lands are purchased by the third parties in execution of award by the Cooperative Central Bank, they lose the characteristics of assigned land and the Sub-Registrar cannot refuse to register the documents presented for transfer of title on the ground that the said lands were assigned ones. Even the learned Government Pleader for Revenue appearing for the respondents states that subject matter of this writ petition is covered in view of the judgment of the Division Bench of this Court in K.GURAVAIAH’s case (1 supra).

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Following the judgment referred to above, as it is stated that the petitioner purchased the lands in question in the auction conducted in execution of the awards passed under the provisions of the Act, I allow this writ petition with the direction that if the documents for sale in respect of the lands admeasuring Ac.4.61 cents in R.S.No.200-3 of Kethavaram Village, T.Narsapuram Mandal, West Godavari District, are presented by the petitioner for registration, the registering authority shall receive and process the same for registration without reference to the ground that the said lands were originally assigned. It is made clear that it is open to the 1^st respondent to scrutinize such documents in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. No order as to costs.

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As a sequel, the miscellaneous petitions, if any, shall stand disposed of.

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___________________ R.SUBHASH REDDY,J

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09.08.2012 v v

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[1] 2009(2) ALD 250 (DB)

Challagulla Indira Devi v. The Sub Registrar, Chintalapudi West

Case brief

What is this about?

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Challagulla Indira Devi v. The Sub Registrar, Chintalapudi West

Case brief

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