Rekkala Hanimi Reddy vs The State Of Andhra Pradesh
2021 Latest Caselaw 2893 AP

Citation : 2021 Latest Caselaw 2893 AP
Judgement Date : 5 August, 2021

Andhra Pradesh High Court - Amravati

Rekkala Hanimi Reddy vs The State Of Andhra Pradesh on 5 August, 2021

Bench: M.Satyanarayana Murthy

    THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                      WRIT PETITION NO.16077 OF 2021

ORDER:

This Writ Petition is filed under Article 226 of the Constitution

of India, seeking the following relief:

".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the action of the respondents particularly respondents 2 and 3 in refusing to receive the sale deed or any other conveyance deed for registration of Flat No. 201 admeasuring 975 sq.feet of Jeevan Greens Apartment, which was constructed in an extent of 696.22 sq.yards, bearing D.No. 8-100/24 with assessment No.1086427910 situated in Survey No. 90/20 of Lakshmipuram Village of Gollavillivanipalem Area, Pendurthy Mandal, Visakhapatnam District as illegal, arbitrary, unjust and also in violation of Articles 14 and 300-A of the Constitution of India, apart from violation of principles of natural justice and also in contrary to the law laid down by this Hon'ble Court and consequently direct the respondents 2 and 3 to receive, process, register and deliver the sale deed or any conveyance deed pertains to the Flat No. 201, admeasuring 975 sq.feet of Jeevan Greens Apartment, which was constructed in an extent of 696.22 sq.yards bearing D.No. 8-100/24 with assessment No. 1086427910 situated in Survey No. 90/20 of Lakshmipuram Village of Gollavillivanipalem Area, Pendurthy Mandal, Visakhapatnam District and pass such other orders."

It is submitted by the learned counsel for the petitioner as well

as learned Government Pleader appearing for the respondents that

the issue involved in the present Writ Petition is squarely covered by

the decision of this Court dated 25.07.2013 rendered in Writ Petition

No.20398 of 2013, wherein, in respect of part of land in very same

survey number, when registration of a document was refused, this

Court held as under:

"This Court has time and again held that entries, including dots in the RSR, against any particular land would not establish that the said land belongs to the Government,

whereby it could be included in a prohibitory list communicated to the Registration Authorities. In the event there is a title 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. Significantly, in most such cases the facts establish possession of the citizens over such land, prima facie belying the claim of the Government. It is also to be remembered that mere registration of a document in respect of such land would not divest the Government of its title, if any, over such land and it would always be open to the Government to establish its title in respect thereof and seek cancellation of the registered deeds.

The writ petition is accordingly disposed of directing the Sub-Registrar, Pendurthy, to receive and process the documents presented by the petitioner firm in respect of the flats constructed in an extent of 696.22 Sq.yds in Sy.No. 90/20 of Lakshmipuram Village, Pendurthy Mandal, Visakhapatnam District, without reference to the entries in the revenue records. In the event the documents presented are found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar, Pendurthy, shall complete the registration formalities and release the documents in accordance with the due procedure".

Following the aforesaid judgment of this Court and for the

reasons stated therein, the present Writ Petition is disposed of in

terms thereof, directing the Sub-Registrar, Pendurthy, to receive and

process the documents presented by the petitioner in respect of Flat

No. 201 admeasuring 975 sq.feet of Jeevan Greens Apartment, which

was constructed in an extent of 696.22 sq.yards, bearing D.No.

8-100/24 with assessment No.1086427910 situated in Survey No.

90/20 of Lakshmipuram Village of Gollavillivanipalem Area,

Pendurthy Mandal, Visakhapatnam District. In the event the

documents presented are found to fulfil the requirements of the

Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-

Registrar, Pendurthy, shall complete the registration formalities and