THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No. 18097 OF 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief/s:
"... to issue an appropriate order, direction or writ particularly one in the nature of a writ of mandamus declaring that the petitioner is entitled to execute the registered document dt. 14-06-2007 transferring their right of ownership either by gift or sale in respect of their land of Ac 2.00 from out of the original holding of Ac 76.20 cents of land paper run as Kallu Konda in Survey No.318 of Adivaram village, Visakhapatnam (rural), Visakhapatnam District now included in Greater Visakhapatnam Municipal Corporation and or any part thereof and that is the mandatory duty of the respondent to register the said document presented by the petitioner for registration under provisions of the Registration Act 1908 and to return the register document to petitioner and pass such order or order deemed fit and proper in the petition."
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Registration and Stamps appearing for the respondents.
The case of the petitioner is that originally, the land to an extent of Ac.76.20 cents situated in Sy.No.318 of Adivivaram Village, was settled in the name of one Sanapala Pedamadhavudu in the year 1771 vide Inam register dated 25.04.1826. Presently, the said lands were earmarked in Adivivaram revenue records. The petitioner purchased Ac.2.00 cents out of Ac.76.20 cents situated in Sy.No.318 of Adivivaram Village, Visakhapatnam Mandal, from the legal 2 heirs of Sanapala Pedamadhavudu, who inherited the property, vide Possessory agreement of sale-cum-General power of attorney dated 14.06.2007 bearing Document No.4663 of 2007. The ownership of the vendors of the petitioner was declared in O.S.No.302 of 1929 on the file of District Court, Visakhapatnam by judgment and decree dated 23.12.1931; the same was confirmed by judgment and decree dated 31.01.2001 in A.S.No.13 of 1994. Since the date of her purchase, the petitioner has been in peaceful possession and enjoyment of the subject property. However, when she intended to alienate the same, the respondents refused to register the same and are not entertaining any sale transaction in respect of the property covered by the possessory agreement of sale. Hence, the present writ petition came to be filed.
Learned counsel for the petitioner submits that the ancestors of the vendors of the petitioner were in possession of the schedule land even before the Inams Abolition Act. There is no ground to interfere with the registration of the petitioner's property under Section 22-A of the Registration Act, 1908 and Section 5(1) of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. The respondent authorities ought to have found that the land to an extent of Ac.76.20 cents situated in Sy.No.318 was held by the ancestors of Sanaka family and they were in continuous possession from the year 1908 itself. The 1st respondent has 3 no right to interfere with the title of the subject land, which is part and parcel of Ac.76.20 cents. The copy of the encumbrance statement obtained on 01.08.2019 also reflects that the subject land was no longer held by any transaction other than the petitioner.
Learned counsel further submits that, earlier, when the registering authorities refused to register the document presented by the members of Sanapala family, in respect of land to an extent of Ac.76.20 cents in Sy.Nos.314, 315 and 318 of Adivivaram Village, Visakhapatnam Rural Mandal, on the ground that the Government has issued a notification under Section 22-A of the Registration Act which empowered the Government to issue notifications preventing the registration of documents in respect of the lands to be mentioned therein was held to be ultra vires as the provision was struck down by the Hon'ble Apex Court in the case of State of Rajasthan Vs. Basanth Nahata [AIR 2005 SC 3401] and directed the respondents therein to receive and process the document presented by the petitioners therein and take necessary steps in accordance with the provisions of the Indian Stamp Act and the Registration Act. Pursuant to the said order of this Court, the vendors of the petitioner, who also belong to Sanapala family, executed and registered the Document No.4662 of 2007 in favour of the petitioner in respect of land to an extent of Ac.2.00 cents from out of Ac.76.20 cents situated in Sy.No.318. It was clearly 4 mentioned in the said document that it was executed in terms of the G.O.Ms.No.733/88/Revenue/UC.1 dated 31.10.1988 and the orders dated 26.04.2007 in W.P.No.8844 of 2007. In view of the above, the 2nd respondent ought not to have refused to entertain the document sought to be presented by the petitioner in respect of the land purchased by her through the Document No.4633 of 2007 stating that the land situated in Sy.No.318 is shown in the prohibited property list under Section 22-A(1)(a) of the Registration Act.
Learned Assistant Government Pleader submits that the land to an extent of Ac.76.20 cents situated in Sy.No.318 of Adivivaram Village, Visakhapatnam Rural Mandal is shown in the prohibited property list under Section 22-A(1)(a) of the Registration Act and unless the same is deleted from the said list, the registration of any document in respect of any part of the said land would not be entertained.
Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel and on perusal of the record, this Court found that though the Document No.4662 of 2007 was registered in favour of the petitioner in terms of G.O.Ms.No.733/88/Revenue/UC.1 dated 31.10.1988 and the orders dated 26.04.2007 in W.P.No.8844 of 2007, subsequently the entire land situated in Sy.No.318 is shown in the prohibited property list. Therefore, the petitioner has to approach the concerned 5 authority for deletion of the same from the prohibited property list, by way of submitting representation along with documents in support of her contention.
Hence, this Court, in the interest of justice, felt it appropriate to dispose of the writ petition giving liberty to the petitioner to make a comprehensive representation to the District Collector for deletion of the subject land from the prohibited property list under Section 22-A(1) of the Registration Act, within a period of two (2) weeks from the date of receipt of a copy of this order. On such submission, the District Collector is directed to consider the same in terms of G.O.Ms.No.733, Revenue (UC-2) Department, dated 31.10.1988 and the order dated 26.04.2007 passed by the erstwhile High Court of Andhra Pradesh in W.P.No.8844 of 2007 and pass the deletion order within a period of six (6) weeks from the date of such representation and communicate the same to the 2nd respondent. On receipt of such communication, the 2nd respondent is directed to receive and process the document to be submitted by the petitioner in respect of the subject land as per the provisions of Registration Act and Rules made thereunder, and register and release the same as per law.
Accordingly, the Writ Petition is disposed of. No order as to costs.
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As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.
_________________________ JUSTICE M.GANGA RAO 19th January, 2021 anr 7 THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No. 18097 of 2019 19-01-2021 anr