Allowed

Nallagorla Nageswara Rao, v. The Government of Andhra Pradesh

Telangana HC7 Jul 2014WP/16158/2014

Case brief

AI extract

What is this about?

Petitioners sought registration of deeds for lands assigned before 1954, objected to as prohibited under the 1977 Act. The Court, following a prior decision, directed the Sub-Registrar to process documents and release deeds without reference to revenue records.

What did the court decide?

Directed the Sub-Registrar to receive and process the deeds of conveyance presented by the petitioners, complete registration formalities, and release the documents.

Nallagorla Nageswara Rao, Vs The Government of Andhra… — Property and Title | Telangana HC (2014)

¶1

THE HON’BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION Nos.16139, 16142 & 16158 of 2014 COMMON ORDER:

¶2

1. The claim of the petitioners is that they are the subsequent purchasers of lands in various survey numbers of Lam Village, Tadikonda Mandal, Guntur District as referred to in these writ petitions. They contend that originally, the subject lands were assigned to agricultural farmers for cultivation way back in the year 1924. The original assignees sold these lands and thereafter several transactions took place and the petitioners purchased the subject lands from their vendors. They traced passing on title in respect of the subject lands over a period of time as well as the transactions that took place prior to 1954. When the deeds of conveyance were presented for registration, the Registering Authority refused to register the same on the ground that these lands are prohibited from alienation in accordance with the provisions contained in the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short ‘the Act 1977’). Aggrieved thereby, appeals were preferred and they were also rejected confirming the decision of the Registering Authority. Hence these writ petitions.

¶3

2. Learned counsel for the petitioners submits that there is no dispute with regard to the assignment of the subject lands situated in Lam Village in the year 1924. He contends that the lands assigned prior to 1954 were not prohibited from alienation, as the condition of nonalienation was introduced for the first time in the year 1954 and therefore the action of the respondents in treating the petitioners’ lands as assigned lands and prohibiting them from alienation is illegal. The learned counsel further

¶4

submits that the petitioners are the subsequent purchasers and several transactions took place and there was never an objection raised against the transactions made since the year 1924. The learned counsel also contends that title was validly passed on to the vendors of the petitioners and the objection raised is illegal. He placed reliance on the decision of this Court in W.P.No.16417 of 2013 and batch, which concerns the lands in the same village.

¶5

3. Similar objection was raised therein and the instructions furnished by the Tahsildar, Tadikonda were also to the same effect that since the lands were assigned lands, the provisions of the Act, 1977 are attracted and therefore the deeds of conveyance cannot be processed. The said objection was over ruled by this Court directing the Sub-Registrar, Tadikonda, Guntur District (3^rd respondent) to receive and process the documents presented by the petitioners in W.P.No.16417 of 2013 and batch, without reference to the entries in the revenue records.

¶6

4. Following the earlier decision of this Court in W.P.No.16417 of 2013 and batch, all the writ petitions are disposed of directing the Sub-Registrar to receive and process the deeds of conveyance presented by the petitioners in respect of the subject lands, without raising objection that the lands were assigned to agricultural farmers, and complete the registration formalities and release the documents, in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899. There shall be no order as to costs.

¶7

5. Consequently, miscellaneous petitions, if any,

¶8

pending in the writ petitions, shall stand closed.

¶9

_______________ P. NAVEEN RAO, J

¶10

7^th July, 2014 cbs

¶11

THE HON’BLE SRI JUSTICE P. NAVEEN RAO

¶12

WRIT PETITION Nos.16139, 16142 & 16158 of 2014