Allowed

D.Nizam Ali Khan, S/o. D. Rasool Khan v. The Joint Sub-Registrar-I

Telangana HC15 Oct 2012WP/30405/2012

Case brief

AI extract

What is this about?

The Kurnool bench quashed the Sub Registrar's endorsement refusing to register a land transfer document. The court held that classifying land as a water spread area does not automatically deem it Government land.

What did the court decide?

The impugned endorsement refusing to entertain the registration document was quashed, and the respondent is directed to process the document.

D.Nizam Ali Khan, S/o. D. Rasool Khan Vs The… — Writ and Judicial Review | Telangana HC (2012)

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HE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.30405 of 2012

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents.

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This writ petition is filed seeking a mandamus declaring the action of the first respondent – Joint SubRegistrar-I, Registration and Stamps Department, Kadapa, YSR District, in not entertaining the document presented by the petitioner for registration with regard to transfer of land admeasuring Ac.0.05 cents covered by Survey No.59/B1B1, situated at Kadapa Sahar, YSR District, as illegal and arbitrary. It is the case of the petitioner that his vendor, by name, A.Allipeeran, is the owner and possessor of aforesaid land having purchased the same from one Khaza Mia, by registered document bearing No.1111/1979. It is stated that from 1959 onwards, there are more than 140 registered transactions in respect of the land covered by aforesaid survey number. It is the grievance of the petitioner that in spite of the same, when

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he presented document before the first respondent for registration with regard to his purchase of the land in question, the first respondent by endorsement, dated 30.08.2012 refused to entertain the same on the ground that the said land is classified as water spread area and it is a Government land.

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In this writ petition, it is the specific case of the petitioner that the land in question is a private patta land and after its purchase, his vendor was also issued pattadar passbook and title deed and copies of the same are also placed on record.

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Learned counsel for the petitioner has produced before this Court copies of certificates of encumbrance on property issued by the competent authority to show that there are series of registered transactions from 1950 onwards.

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It is to be noticed that with regard to the land in question, the vendor of the petitioner was shown as pattadar in the revenue records and was also issued pattadar passbook and title deed. It is to be noted that merely because the land is shown as water spread area that by itself is no ground to treat the said land as a

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Government land.

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Many a time, during submergence of a tank, water may spread over even to private patta lands at Full Tank Level. That does not necessarily mean that such lands are Government lands.

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For the aforesaid reasons, the impugned endorsement is hereby quashed and the writ petition is allowed with the direction that in case the petitioner presents any document for transfer of land admeasuring Ac.0.05 cents covered by Survey No.59/B1B1, situated at Kadapa Sahar, YSR District, the first respondent shall receive and process the same for registration without treating the said land as a Government land. It is made clear that it is open for the registering authority to verify whether such document is in accordance with the provisions of the Registration Act, 1908 and Indian Stamp Act, 1899. No order as to costs.

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In view of disposal of the writ petition, WPMP.No.38779 of 2012 also stands disposed of.

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R.SUBHASH REDDY, J

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15^th OCTOBER, 2012.

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kvni

D.Nizam Ali Khan, S/o. D. Rasool Khan v. The Joint Sub-Registrar-I

Case brief

What is this about?

What did the court decide?

D.Nizam Ali Khan, S/o. D. Rasool Khan v. The Joint Sub-Registrar-I

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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