Allowed

Chittboina Hari, v. The State of Andhra Pradesh Rep. by its District Collector

Telangana HC12 Sept 2013WP/16015/2013

Case brief

AI extract

What is this about?

The High Court allowed a writ petition where the petitioner, having purchased land previously in execution of a decree and registered the sale deed relying on a prior judgment assigning it a liberated character, sought patadar pass books. The Court directed the respondent to issue the deeds within one month after the petitioner files the correct application.

What did the court decide?

Petitioner allowed to apply in Form-6A; Respondent to issue pattadar pass books and title deeds within one month.

Chittboina Hari, Vs The State of Andhra Pradesh Rep. by… — Land Acquisition | Telangana HC (2013)

¶1

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.16015 of 2013

¶2

Dated 1 2 th September, 2013

Between:

Chittboina Hari

…Petitioner

and

The State of Andhra Pradesh, rep.by its District Collector, YSR Kadapa District, and others

¶8

…Respondents

¶9

Counsel for the petitioner: Sri V.R.Reddy Kovvuri

¶10

Counsel for the respondents: AGP for Revenue

¶11

The Court made the following:

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ORDER:

¶13

This writ petition is filed with the grievance that respondent No.3 has not been issuing pattadar pass books and title deeds in respect of Acs.2.46 cents in Survey No.15-2 and Ac.0.48 cents in Survey No.8 of, Jamalpalli Village, C.K.Dinne Mandal, YSR Kadapa District (hereinafter referred to as ‘the subject lands’).

¶14

The vendor of the petitioner has purchased the subject lands in execution of a decree obtained by the District Cooperative Central Bank, YSR Kadapa District. When he intended to sell the property to the petitioner through a registered sale deed, the Sub-Registrar (Rural), Kadapa refused to register the same on the ground that the subject lands are assigned lands. Assailing this action, the petitioner’s vendor filed W.P.No.33313 of 2010. This Court by order, dated 29.12.2010, allowed the said writ petition by placing reliance on the judgment of a Division Bench of this Court in Sub-Registrar, Srikalahasti, Chittoor District v. K.Guravaiah^[1] , wherein it was held that once the land is sold in execution of a decree obtained by a Cooperative Society, it looses the character of assigned lands and therefore, there can be no prohibition on its sale. Consequent on the said order, the sale deed executed in favour of the petitioner was registered. Thereafter, the petitioner approached respondent No.3 with an application for issue of pattadar pass books and title deeds on 24.08.2012. As no decision thereon has been taken by respondent No.3, the petitioner filed this writ petition.

¶15

No counter affidavit has been filed by the respondents.

¶16

The learned Assistant Government Pleader for Revenue (Assignments) has not disputed any of the abovementioned facts.

¶17

Indeed, there is no scope for such dispute in view of the order, dated 29.12.2010, in W.P.No.33313 of 2010, wherein the above facts have been mentioned.

¶18

In the light of the settled legal position as reflected in K.Guravaiah (supra), respondent No.3 is bound to issue pattadar pass books and title deeds in respect of the subject lands in favour of the petitioner. However, it is noticed from the record that the petitioner has not applied in the prescribed form (Form-6A) for issue of pattadar pass books and title deeds. The petitioner is permitted to make such an application to respondent No.3 and comply with all such legal requirements as are necessary for issue of pattadar pass books and title deeds. Within one month thereafter, respondent No.3 shall issue pattadar pass books and title deeds to the petitioner in respect of the subject lands.

¶19

The writ petition is accordingly allowed.

¶20

As a sequel to disposal of the writ petition, W.P.M.P.No.19409 of 2013 shall stand disposed of as infructuous.

¶21

C.V.NAGARJUNA REDDY, J

¶22

12^th September, 2013 VGB

¶23

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

Chittboina Hari, v. The State of Andhra Pradesh Rep. by its District Collector

Case brief

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Chittboina Hari, v. The State of Andhra Pradesh Rep. by its District Collector

Case brief

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What did the court decide?

What the court decided

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