Allowed

D.Neela Kumari, D/o.D.Kodanda pani v. The Government of Andhra Pradesh

Telangana HC14 Jul 2014WP/19480/2014

Case brief

AI extract

What is this about?

A writ petition challenged the refusal to register deeds for land originally assigned in 1926. The Court held that prohibitions on alienation under relevant Acts do not apply to assignments prior to 1954. The petition was allowed, directing the Sub-Registrar to process the documents for registration.

What did the court decide?

Directed the Sub-Registrar to receive and process documents for registration of Plot Nos. 32, 33, 28, 22 in S.Nos. 515, 516 and Plot No. 6 in S.No. 515 of B.K.palli Village.

D.Neela Kumari, D/o.D.Kodanda pani Vs The Government of… — 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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MONDAY, THE FOURTEENTH 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.19480 of 2014

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Between:

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D. Neela Kumari, D/o. D. Kodanda Pani, Aged about 54 years, R/o. D.No.2-386-B, Society Colony, Bandameeda Kammapalli Village, Madanapalli Mandal, Chittoor District & 3 others

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.. Petitioners

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AND

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The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & 3 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.19480 of 2014

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ORDER:

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Heard learned counsel appearing for the petitioners and the learned Government Pleader for Revenue appearing for the respondents.

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2. This writ petition is filed for the following substantial relief:

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“…………… to issue a writ in the nature of a Writ of Mandamus or any other appropriate writ or direction or order or orders declaring the action of the 3^rd respondent in including the land covered by Sy.No.515, 516 of B.K.Palli village in the list of assigned land and treating the same as Government land and directing the 4^th respondent not to register the deeds in respect of the land covered by Sy.No.515 and 516 as illegal and arbitrary and consequently direct the 4^th respondent to entertain the deeds presented by the petitioners in respect of the plot Nos. 32,33, 28, 22 in S.No.515, 516 and plot No.6 in S.No.515 of B.K.palli village.”

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3. It is the case of the petitioners that originally one Shaik Ali Akbar Saheb was granted patta in respect of the aforesaid land as early as on 29.12.1926, without any sort of conditions of alienation. Subsequently, many transactions took place in

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respect of the said land and at last, the petitioners purchased the said land and approached the Sub-Registrar, Madanapalle, Chittoor District (4^th respondent) for registration. Further, it is the case of the petitioners that the Tahsildar, Madanapalle, Chittoor District (3^rd respondent) issued No Objection Certificate in respect of the said land in favour of their predecessors classifying the same as patta dry lands. It is the grievance of the petitioners that when they intended to purchase the said land, the respondents are not accepting the documents and process the same for registration on the ground that the same is included in the list of assigned lands.

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4. It is no doubt true that the prohibition contained under Section 22-A of the Registration Act, 1908, amended through A.P. Act 19 of 2007 operates vis-à-vis the assigned lands, which, however, would depend upon the date of assignment. The reason is that it is only with effect from the year 1954, in the Andhra Area, and 1958 in the Telangana Area, that the clauses, prohibiting alienation were incorporated. In case the assignment is earlier to those years, the prohibition, be it, under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, or the one, under Section 22-A of the Registration Act, 1908, does not operate.

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5. Admittedly, in the instant case, originally the assignment was made in favour of one Shaik Ali Akbar Saheb on 29.12.1926, i.e., prior to 1954. As such, the prohibition, be it, under the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 or the one under Section 22-A of the Registration Act, does not operate.

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6. For the aforesaid reasons, this Writ Petition is allowed with a direction to the Sub-Registrar, Madanapalle, Chittoor District (4^th respondent) to receive the documents presented by the petitioners in respect of Plot Nos.32, 33, 28, 22 in Survey Nos.515 and 516 and Plot No.6 in Survey No.515 of B.K.palli Village, Chittoor District, and process the same for registration, without treating the aforesaid land as assigned land. However, it is made clear that it is open for the registering authority to verify whether the documents presented by the petitioners are in accordance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. 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

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Date: 14^th July, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.19480 of 2014

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Date: 14^th July, 2014

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