Allowed

Yekkanti Vijaya Sekhar Reddy, v. The District Registrar

Telangana HC19 Oct 2012WP/31620/2012

Case brief

AI extract

What is this about?

The Court declared the Sub-Registrar's refusal to register a sale deed illegal. Ruling that ownership nature cannot change solely due to RSR entries if revenue records show patta lands, the order directed the authority to process the transfer documents under the Registration Act and Stamp Act.

What did the court decide?

Direction to the Sub-Registrar to accept and process the sale deed for registration as per provisions of Registration Act, 1908 and Indian Stamp Act, 1899.

Yekkanti Vijaya Sekhar Reddy, Vs The District Registrar — Land Acquisition | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE R.SUBHASH REDDY

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WRIT PETITION No.31620 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 Acs.2.80 cents, Acs.2.15 cents, Acs.2.38 cents and Acs.3.24 cents, in total Acs.10.57 cents, covered by Survey Nos.203, 205, 208 and 209, and Ac.1.02 cents, Ac.0.70 cents, Acs.2.47 cents, Ac.1.19 cents and Ac.1.62 cents, in total Acs.7.00 cents, covered by Survey Nos.203, 204 and 205, 206 and 207, 208, and 209, 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 he wanted to purchase aforesaid lands and thereby, he approached the second respondent – Sub-Registrar, Podalakuru, SPSR Nellore District, to get register the sale deed to be

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executed pursuant to agreement of sale, dated 29.10.2011, but the second respondent informed him 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 29.03.2007 and 28.12.2007. 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 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 Acs.2.80 cents, Acs.2.15 cents, Acs.2.38 cents and Acs.3.24 cents, in total Acs.10.57 cents, covered by Survey Nos.203, 205, 208 and 209, and Ac.1.02 cents, Ac.0.70 cents, Acs.2.47 cents, Ac.1.19 cents and Ac.1.62 cents, in total Acs.7.00 cents, covered by Survey Nos.203, 204 and 205, 206 and 207, 208, and 209, 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

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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.40320 of 2012 also stands disposed of.

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______________________ R.SUBHASH REDDY, J

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19^th OCTOBER, 2012. kvni

Yekkanti Vijaya Sekhar Reddy, v. The District Registrar

Case brief

What is this about?

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Yekkanti Vijaya Sekhar Reddy, v. The District Registrar

Case brief

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