Allowed

Yekkanti Snehalatha, v. The District Registrar

Telangana HC19 Oct 2012WP/31596/2012

Case brief

AI extract

What is this about?

The court allowed a writ petition challenging the Sub-Registrar's refusal to register a sale deed for lands claimed to be Government land. Ruling that ownership cannot change based solely on dots in the RSR when pattadar passbooks exist, the court directed the Sub-Registrar to accept the document for registration after verifying the Registration and Stamp Acts.

What did the court decide?

Direction to Sub-Registrar to accept and process the document for registration without treating lands as Government or assigned lands.

Yekkanti Snehalatha, Vs The District Registrar — Property and Title | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.31596 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 respondents in not accepting a document for registration with regard to transfer of lands admeasuring Ac.1.77 cents, Ac.1.45 cents, Acs.2.48 cents, Ac.1.19 cents, Ac.1.62 cents, Acs.2.00 cents and Acs.7.61 cents, in total Acs.18.12 cents, covered by Survey Nos.203, 205, 206, 208, 209, 210/2 and 212, respectively, situated at Pallakonda Village and Panchayat, Kaluvoi Mandal, SPSR Nellore District, as illegal and arbitrary.

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It is the grievance of the petitioner that she wanted to purchase aforesaid lands and thereby, she approached the second respondent – Sub-Registrar, Podalakuru, Kaluvoi Mandal, SPSR Nellore District, to get register the sale deed to be executed pursuant to agreement of sale, dated 29.10.2011, but the second respondent informed

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her that the said lands are not alienable as they are recorded as Government lands. It is the case of the petitioner that aforesaid lands are private patta lands, in respect of which, sale transactions took place vide registered sale deeds, dated 16.01.2007, 18.01.2006 and 27.01.2006. It is the allegation of the petitioner that there is no record to show that such lands are Government lands. It is stated that in all the revenue records, the said lands are shown as patta lands and the vendors of the petitioner were also issued pattadar passbooks and title deeds.

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When the matter came up on an earlier occasion, it was adjourned to enable the learned Government Pleader to obtain instructions. When the matter is taken up today, based on the written instructions, dated 16.10.2012 issued in Rc.B.536/2012, obtained from the third respondent – Tahsildar, Kaluvoi Mandal, SPSR Nellore District, it is submitted by the learned Assistant Government Pleader for Revenue appearing for the respondents that the lands in question are treated as Government lands based on the dots in Resurvey and Settlement Register (RSR).

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Except stating that the lands in question are treated as Government lands based on the entries in RSR, no

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other reason is stated by the respondents. When the lands in question are recorded as patta lands in the revenue records and pattadar passbooks and title deeds were issued in favour of the vendors of the petitioner, the said lands cannot be treated as Government lands based on the entries in RSR. This Court in number of cases held that basing on the dots/entries in RSR, the nature of ownership cannot be changed.

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For the aforesaid reasons, the writ petition is allowed with the direction to the second respondent that in case the petitioner presents any document with regard to transfer of lands admeasuring Ac.1.77 cents, Ac.1.45 cents, Acs.2.48 cents, Ac.1.19 cents, Ac.1.62 cents, Acs.2.00 cents and Acs.7.61 cents, in total Acs.18.12 cents, covered by Survey Nos.203, 205, 206, 208, 209, 210/2 and 212, respectively, situated at Pallakonda Village and Panchayat, Kaluvoi Mandal, SPSR Nellore District, the second respondent shall accept and process the same for registration without treating the said lands either as Government lands or as assigned ones. 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,

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WPMP.No.40288 of 2012 also stands disposed of.

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R.SUBHASH REDDY, J

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19^th OCTOBER, 2012.

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kvni

Yekkanti Snehalatha, v. The District Registrar

Case brief

What is this about?

What did the court decide?

Yekkanti Snehalatha, v. The District Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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