Allowed

Smt.P.Naga Lakshmamma, v. The Government of A.P.

Telangana HC1 Jul 2014WP/17870/2014

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the refusal of the Sub-Registrar to issue a Market Value Certificate because the land was recorded as prohibited poramboke. The High Court of Judicature at Hyderabad, following a prior decision, ordered the Sub-Registrar to process the registration document based on the Registration Act and Stamp Act, without relying on unproven revenue records. The

What did the court decide?

The Sub-Registrar was directed to receive and process the petitioner's document for registration without reference to revenue entries, completing formalities if the document complies with the Registra

Smt.P.Naga Lakshmamma, Vs The Government of A.P. — Property and Title | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

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FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH

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TUESDAY, THE FIRST DAY OF JULY 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.17870 of 2014

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Between:

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Smt. P. Naga Lakshmamma, W/o. P. Rama Sankaraiah, Hindu, Aged about 48 years, R/o. Bhanumukkala Village, Banaganapalle 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.17870 of 2014

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ORDER:

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The case of the petitioner is that she is the absolute owner of the house property bearing Door H.No.15/142, existing in an extent of 75 square yards, situated in 15^th Ward, Survey No.81/1A1, Bhanumukkala Village, Banaganapalle Nagar Panchayat and Mandal, Kurnool District. Petitioner has purchased the said property through a registered Sale Deed vide Document Nos.145 and 146 of 1988, dated 29.03.1988, from Pasapulajadala Subba Narayana, S/o. Subbaiah of Banaganapalle Village, Kurnool District. Due to personal needs, petitioner intends to dispose of the said property. She submitted an application on 17.06.2014 to the

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Sub-Registrar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (5^th respondent) for the purpose of Market Value Certificate. The 5^th respondent instead of issuing Market Value Certificate, issued proceedings, dated 26.04.2014, stating that the property covered by Survey No.81/1A1 of Bhanumukkala Village is prohibited property.

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Aggrieved thereby, this writ petition is instituted.

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2. The petitioner placed reliance on the decision of this Court in W.P.No.17917 of 2013 concerning the same survey number. This Court disposed of the Writ Petition after hearing the learned Government Pleader, who submitted instructions furnished by the Tahsildar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (4^th respondent). It is represented on behalf of the Government that the land is noted as poramboke (gramakantam) in the Re-survey and Settlement Register (RSR) of Bhanumukkala Village and, therefore, cannot be registered. The said objection was over ruled in the above judgment. This Court held as under:

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“that mere communication that the subject land is a gramakantam as per the revenue record has no real consequence. In the event there is a little 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”.

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3. For the reasons alike, this Writ Petition is also disposed of directing the Sub-Registrar, Banaganapalle Nagar Panchayat and Mandal, Kurnool District (5^th respondent) to receive and process the document presented by the petitioner in respect of the house property bearing Door H.No.15/142, existing in an extent of 75 square yards, situated in 15^th Ward, Survey No.81/1A1, Bhanumukkala Village, Banaganapalle Nagar Panchayat and Mandal, Kurnool District, without reference to the entries in the revenue

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records. In the event the document presented is found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the 5^th respondent shall complete the registration formalities and release the document in accordance with the due procedure. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

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_________________ P.NAVEEN RAO, J Date: 1^st July, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.17870 of 2014

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Date: 1^st July, 2014

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Smt.P.Naga Lakshmamma, v. The Government of A.P.

Case brief

What is this about?

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Smt.P.Naga Lakshmamma, v. The Government of A.P.

Case brief

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