Disposed

Smt. B.Venkata Lakshmamma, v. The Government of A.P.

Telangana HC27 Dec 2013WP/38305/2013

Case brief

AI extract

What is this about?

Petitioners sought to relinquish property rights of their deceased father. The respondent refused a market value certificate citing land prohibition. The Court dismissed the objection, directing the authority to issue the certificate and process registration documents compliant with the Registration and Stamp Acts, disregarding the prior prohibitory letter.

What did the court decide?

Directed the 5th respondent to issue market value certificate and process registration documents for the property without reference to the prohibitory letter.

Smt. B.Venkata Lakshmamma, Vs The Government of A.P. — Specific Performance | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.38305 of 2013

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Dated : 27.12.2013

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Between:
B.Venkata Lakshmamma, W/o Boggarapu Subbarayudu
and others
.. Petitioners
And
The Government of Andhra Pradesh,
Rep. by its Secretary and others
.. Respondents

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.38305 of 2013

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ORDER :

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The case of the petitioners is that one Boggarapu Subbarayudu, who is the husband of 1^st petitioner, purchased an open site under two registered sale deeds bearing document Nos.611/1984 and 609/1984 from Mohammad

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Ghouse, Mohammad Sharif and Ajij Ahmad. Since then, the said Subbarayudu was in possession and enjoyment of the said property by constructing a house bearing No.3/23 existing in an extent of 36 square yards in Survey No.163/1 of Banaganapalle Nagar Panchayat, Kurnool District. The said Subbarayudu has passed away on 12.03.1994 leaving his wife (1^st petitioner) and petitioners 2 to 4, who are his children as his legal heirs. Now, the 1^st petitioner and petitioners 2 and 3, who are the mother and sisters to the 4^th petitioner respectively intend to relinquish their rights with respect to the subject property in favour of the 4^th petitioner. For that purpose, the 4^th petitioner made an application to the 5^th respondent for issuance of market value certificate, but the 5^th respondent refused to issue the same on the ground that the land in Survey No.163/1 is prohibited for registration. Therefore, no registration can be made and thus, no market value certificate can be issued.

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Vide letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, the land in Survey No.163/1 of Banaganapalle Village is also included in the prohibited area and the Sub-Registrar, Banaganapalle Village requested not to entertain any document for registration concerning the said survey number. On the same issue, this Court passed several orders and inspite of the same, the concerned authority is refusing to issue valuation certificate and for entertaining the documents for registration. The approach of the respondents is deprecated.

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In W.P.No.20076 of 2012 this Court passed the following order :-

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“Inasmuch as the house property of the petitioner admeasuring Acs.36.66 square yards is situated in Survey No.163/1 of Banaganapalle Village and Mandal, Kurnool District, which was originally included in the list of properties prohibited from registration and, now, basing on the written instructions, it is submitted that recommendations have already been made for deletion of the entire Survey No.163/1, admeasuring Acs.78.25 cents, from the properties prohibited from registration under the Registration Act, 1908, 5^th respondent herein is directed to receive and process the document that may be presented by the petitioner for sale of the house property in question, without treating the same as Government property. It is clarified that, it is open to the 5^th respondent to verify whether the said document is in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899.”

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For the reasons alike, this Writ Petition is also disposed of directing the 5^th respondent to issue market value certificate and as and when the deed of conveyance is presented for registration of the property bearing No.3/23 situated in Banaganapalle Nagar Panchayat, Kurnool District, the 5^th respondent shall receive and process the same without reference to the letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, subject to the documents presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.

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Miscellaneous petition, if any, pending in this writ petition, shall stand closed.

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___________________ P.NAVEEN RAO, J December 27^th , 2013. ssp

Smt. B.Venkata Lakshmamma, v. The Government of A.P.

Case brief

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Smt. B.Venkata Lakshmamma, v. The Government of A.P.

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