Allowed

Abbiraju Lakshmikanthamma W/o Abbiraju Venkata Ramana Raju v. The Government of Andhra Pradesh

Telangana HC1 Apr 2014WP/39283/2013

Case brief

AI extract

What is this about?

The Court dismissed three writ petitions challenging a Sub-Registrar's refusal to process properties classified as 'Mangala Inam'. Relying on precedent, it directed the registration authorities to furnish market value certificates, register conveyance deeds, and process documents, stating mere revenue records cannot bar registration absent a specific notification.

What did the court decide?

Direct the Sub-Registrar, Proddatur, to furnish market value certificates for the specified properties and to receive and process the deeds of conveyance.

Abbiraju Lakshmikanthamma W/o Abbiraju Venkata Ramana… — Property and Title | Telangana HC (2014)

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION Nos.35558, 39283 of 2013 and 1750 of 2014

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Dated : 01.04.2014

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W.P.No.35558 OF 2013
Between:
B.Subbaiah s/o. Kondaiah, Aged about 50 years, R/o. H.No.5-941, Sriram Nagar Street, Proddatur, YSR Kadapa District, A.P.	…. Petitioner
And
The Government of Andhra Pradesh, rep. by the District Collector, YSR Kadapa District, Kadapa and others.	…. Respondents
W.P.No.39283 OF 2013
Between:
Abbiraju Lakshmikanthamma w/o. Abbiraju Venkata Ramana Raju, Aged about 56 years, R/o. H.No.3/714, Aravindasramam Road, YMR C YSR Kadapa District.	olony, Proddatur,
And	…. Petitioner
The Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others
	…. Respondents
W.P.No.1750 OF 2014
Between:
Mandala Chandra Sekhar, s/o. Munnaiah, Aged about 48 years, r/o. 14/180, Srinivasapuram, Gopavaram Panchayat, Proddatur, YSR Kadapa District, A.P.	…. Petitioner
And
The Government of Andhra Pradesh, rep. by the District Collector, YSR Kadapa district, Kadapa, A.P., and others.
	…. Respondents
This Court made the following :

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION Nos.35558, 39283 of 2013 and

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1750 of 2014

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COMMON ORDER :

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With the consent of the counsel for the petitioners as well as learned Assistant Government Pleader representing Government, these writ petitions are disposed of at the admission stage.

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2. Learned counsel for the petitioners represents that the properties, which are the subject matter of the writ petitions, are owned by the petitioners and with an intention to dispose of the said properties, when petitioners approached the Sub-Registrar, Proddatur, the Sub-Registrar refused to furnish market value certificates on the ground that the properties in Sy.Nos.311 and 313 of Proddatur village fields in YSR Kadapa District are classified as ‘Mangala Inam’ and, therefore, prohibited from alienation. Learned counsel further submits that on the said subject matter, several decisions are rendered by this Court and, therefore, the objection raised by the Sub-Registrar to furnish the market value certificate and to register deeds of conveyance is erroneous and contrary to law and counsel placed reliance on the decision of this court in W.P.No.15804 of 2013 dated 21.08.2013 insofar as the properties in Sy.No.313 is concerned.

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3. After considering the judgment of this Court in W.P.No.15169 of 2009, W.P.No.4085 of 2014 is disposed of. In W.P.No.15169 of 2009, this Court considered the objection that the subject land was classified as ‘Kummara Inam’ and, therefore, document could not be processed for registration. This Court construed the provisions in Section 22 of the Indian Registration Act, 1908 and held as under:

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“In the light of the aforestated provision, the prohibition with regard to registration of documents in respect of Government lands arises out of the publication of a notification under clause (e). Admittedly, there is no notification under Section 22A of the said Act in respect of Survey No.250 of Proddatur Village. In the absence of a prohibition relatable to law, it is not open to the revenue authorities to stall the registration of documents by the registration authorities on the basis of a mere communication based on revenue records. The classification of the subject land in Survey No.250 basing on such revenue records posing a bar to the entertainment for registration of the document presented by the petitioner cannot be countenanced. If the Government seeks to assert its title over the subject land contrary to the evidence manifested by the registered transactions dating back to 1955, it is for them to do so in a properly constituted proceeding before the appropriate forum. By mere recourse to an entry in the R.S.Register, Proddatur, the Government cannot seek to wipe out the events borne out by record and claim title.”

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4. Following the said decision, these writ petitions are disposed of directing the SubRegistrar, Proddatur, YSR Kadapa District, to furnish the market value of the properties of the petitioners in respect of House Door No.3-773 to an extent of 121 square yards in Sy.No.311 situated in Sunnam Vari Street, Arvind Nagar, Proddatur; House Door Nos.3/786, 787, 788, 789, 790 and 3/714 admeasuring 10 cents in Sy.No.311 in Aravindasramam Road, YMR Colony, Proddatur Municipality; and House Door No.14/180 to an extent of 150.16 square yards in Sreenivasapuram locality, Gopavaram Grama Panchayat in Sy.No.313 of Proddatur Village fields, YSR Kadapa District, respectively, and

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to receive and process the deeds of conveyance as and when the same are presented by the petitioners in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the Government to asserts its title by following the due process of law and mere registration of deed of conveyance does not take away such right of the Government to establish its title. There shall be no order as to costs.

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Miscellaneous petitions, if any pending in these writ petitions, shall stand closed.

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JUSTICE P.NAVEEN RAO

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Date : 01.04.2014 kkm

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION Nos.35558, 39283 of 2013 and

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1750 of 2014