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Smt.Narisetti Vasundhara v. The Government of Andhra Pradesh Rep by the Principal

Telangana HC30 Apr 2013WP/13126/2013

Case brief

AI extract

What is this about?

This judgment declares illegal the refusal by Registration Authorities to register documents due to 'dots' in the RSR register indicating Assessed Waste Dry land. The Court directed the Sub-Registrar to process documents if they meet statutory requirements without relying on such revenue entries for title.

What did the court decide?

The action of the Tahsildar including lands in a prohibitory list and the Sub-Registrar refusing to entertain sale/gift deeds is declared illegal. The Sub-Registrar is directed to receive and process

Smt.Narisetti Vasundhara Vs The Government of Andhra… — Property and Title | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11081 of 2013 & batch (WP Nos.11081, 11751, 11767, 11834, 11846, 11856, 11872, 11899, 11966, 13126 of 2013)

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DATED: 30.04.2013

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WP No.11081 of 2013:

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Between:

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Arlagadda Anjanraju & another

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... Petitioners

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And The Government of Andhra Pradesh, rep. by Its Principal Secretary, Revenue Department District Collector, Hyderabad & 3 others

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… Respondents

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The Court made the following:

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HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11081 of 2013 & Batch (WP Nos.11081, 11751, 11767, 11834, 11846, 11856, 11872, 11899, 11966, 13126 of 2013)

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COMMON ORDER:

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The petitioners in this batch of cases are aggrieved by the action of the Registration Authorities in refusing to receive and register the documents presented by them in respect of their lands in different survey numbers of Rajampet Mandal, Kadapa district. The reason for refusal by the Registration Authorities in this regard is stated to be the fact that the lands in question are classified as Assessed Waste Dry (AWD) lands on the basis of the entry of ‘dots’ in the Re-Survey and Re-Settlement (RSR) Register against the said lands.

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2. The learned Assistant Government Pleader for Revenue, basing on the instructions received from the Revenue Authorities, states that the subject lands are classified as Government lands on the basis of ‘dots’ entered against them in the RSR register indicating that they are AWD lands.

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3. This Court has time and again held that entries in the RSR register and more particularly, ‘dots’ against any particular land, would not establish that the said land belongs to the Government, whereby it could be included in a prohibitory list communicated to the Registration Authorities. In the event there is a title dispute with regard to such land, the Government would necessarily have to assert and establish its title before the competent forum in accordance with law. It cannot unilaterally prohibit registration of documents in respect of such land basing on such revenue entries. Significantly, in most such cases the facts establish possession of the citizens over such land, primafacie belying the claim of the Government. It is also to be remembered that mere registration of a document in respect of such land would not

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divest the Government of its title, if any, over such land and it would always be open to the Government to establish its title in respect thereof and seek cancellation of the registered deeds.

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4. The writ petitions are accordingly disposed of declaring the action of the Tahsildar, Rajampet Mandal, in including the petitioners’ lands in the prohibitory list on the basis of ‘dots’ in the RSR register and, the consequent action of the Sub-Registrar, Rajampet, in refusing to entertain the petitioners’ sale/gift deeds in respect of the said lands, as illegal and unsustainable. There shall be a consequential direction to the Sub-Registrar, Rajampet, to receive and process the documents presented by the petitioners in respect of their lands in different survey numbers of Rajampet Mandal, Kadapa district, without reference to the prohibitory list and the revenue entries in the RSR register. In the event the documents presented are found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the SubRegistrar, Rajampet, shall complete the registration formalities and release the documents in accordance with the due procedure. Pending WP MPs in this batch of cases shall stand closed in the light of this final order. No order as to costs.

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________________ SANJAY KUMAR, J

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Date: 30.04.2013 BSS

Smt.Narisetti Vasundhara v. The Government of Andhra Pradesh Rep by the Principal

Case brief

What is this about?

What did the court decide?

Smt.Narisetti Vasundhara v. The Government of Andhra Pradesh Rep by the Principal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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