Allowed

A.Mohammed Sami Hussain, v. The Government of Andhra Pradesh, Rep. by its

Telangana HC24 Apr 2014WP/10216/2014

Case brief

AI extract

What is this about?

Petitioner sought issuance of market value certificate and registration for his house site in Survey No.163/1, Kurnool, which was listed as prohibited. Court directed the 5th respondent to process the documents and issue the certificate, referencing a prior order.

What did the court decide?

This Writ Petition is disposed of by directing the 5th respondent to issue market value certificate and receive/process the deed of conveyance for registration.

A.Mohammed Sami Hussain, Vs The Government of Andhra… — Property and Title | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND FOURTEEN

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Present

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10216 of 2014

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Between:

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A.Mohammed Sami Hussain, S/o. Nazeer Hussain, Muslim, Aged about 40 years, R/o. Banaganapalli Nagar Panchayat, Banaganapalli Mandal, Kurnool District.

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.. Petitioner

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AND

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The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 4 others

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.. Respondents

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The Court made the following:

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10216 of 2014

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ORDER:

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The petitioner is the owner and possessor of the house site existing in 562.22 square yards, 2^nd Ward, Kota Street, in Survey No.163/1 of Banaganapalli Nagar

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Panchayat, Kurnool District. Due to personal needs, the petitioner intends to dispose of the property and made an application to the Sub-Registrar, Banaganapalle Village and Mandal, Kurnool District (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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2. 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 SubRegistrar, Banaganapalle Village requested not to entertain any document for registration concerning the said survey number.

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3. On the same issue, this Court passed several orders and

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in spite 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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4. 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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5. For the reasons alike, this Writ Petition is also disposed of directing the SubRegistrar, Banaganapalle Village and Mandal, Kurnool District (5^th respondent) to issue market value certificate and as and when the deed of conveyance is presented for registration of the house site existing in 562.22 square yards, 2^nd Ward, Kota Street, in Survey No.163/1 of Banaganapalli 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. There shall be no order as to costs. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.

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______________________ JUSTICE P.NAVEEN RAO

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Date: 3^rd April, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10216 of 2014

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Date: 3^rd April, 2014

A.Mohammed Sami Hussain, v. The Government of Andhra Pradesh, Rep. by its

Case brief

What is this about?

What did the court decide?

A.Mohammed Sami Hussain, v. The Government of Andhra Pradesh, Rep. by its

Case brief

What is this about?

What did the court decide?

What the court decided

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