Andhra Pradesh High Court - Amravati
Golla Rarnakrishna, vs The State Of Andhra Pradesh, on 25 February, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.437 OF 2021
ORDER
This writ petition is filed seeking to issue a Writ of Mandamus
declaring the inaction of the 4th respondent in receiving and
processing the document sought to be presented by the petitioner
with respect to the land admeasuring Ac.1.50 cents in Sy.No.371 of
Kallur Village & Mandal, Kurnool District, by entertaining the
letters addressed by the respondents 2 & 5 even though they have
no semblance of right as 5th respondent Wakf board lost its right in
pursuance of the judgment and decree dated 20.01.1971 in
OS.No.68 of 1966 on the file of Additional Sub-Judge's Court,
Kurnool and orders of the High Court in WP.No.24579 of 2012
dated 14.08.2012, as illegal, arbitrary and violative of Articles 14,
21 and 300-A of the Constitution of India and consequently direct
the 4th respondent to receive and register the document sought to
be presented by the petitioner with respect to above property.
2. Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Registration and Stamps
appearing for the respondents 1 to 4.
3. The case of the petitioner is that he is the absolute owner of
the land extent Ac.1.50 cents situated in Sy.No.371 of Kallur
Village and Mandal, Kurnool District, in pursuance of the
registered Will deed vide Document No.BK-III of 52/2015 dated
25.04.2015 executed by N.Rammohan Rao and the aforesaid
schedule property is mentioned at Item No.5 of the Will deed. The
said Ramamohan Rao passed away on 18.01.2018. Hence, the said
Will has come into operation. Originally, one N. Subba Rao was the
absolute owner of the subject property, having purchased the same
from Syed Valli Peer, the legal heir of the original owners whose
names were mentioned in the Revenue Settlement Register, under a
registered document No.141/1986 dated 01.06.1986. The title of
the property is also traceable from the judgment and decree dated
20.01.1971 in OS.No.68 of 1966 on the file of the Court of the
learned Additional Sub-Judge, Kurnool. The petitioner intended to
sell the property and approached the 4th respondent to ascertain
the market value of the land. The 4th respondent informed that
land situated in Sy.No.371 could not be registered as respondents
3 and 5 have addressed letters for not registering the same. The
action of the respondents 3 and 5 in refusing to receive and process
the document sought to be presented by the petitioner, at the
instance of respondents 3 and 5, is illegal and arbitrary. Hence,
questioning the said action, the present writ petition came to be
filed.
4. Learned counsel for the petitioner submits that O.S.No.68 of
1966 was filed by the 5th respondent herein, against the
owners/successors of the persons mentioned in the RSR, for
possession of the entire extent of Ac.13.00 cents situated in
Sy.No.371 of Kallur Village, Kurnool District. The said suit was
dismissed, on merits, on 20.01.1971. The decree and judgment
have become final. Subsequently, when the registration authorities
refused to register a sale deed presented in respect of land situated
in Sy.No.371/3B of Kallur Village & Mandal, Kurnool District,
basing on the letter addressed by the District Collector dated
17.01.2012, wherein the District Collector informed that the land in
question is not transferable as it belongs to Wakf Board,
W.P.No.24579 of 2012 was filed. The said writ petition was allowed
by orders, dated 14.08.2012, quashing the proceedings issued in
letter No.S.R.O,Kallur/61/2012 dated 10.04.2012 and directing the
1st respondent therein to accept the document for sale of land
admeasuring Ac.1.00 cents covered by Sy.No.371/3B of Kallur
Village and Mandal in Kurnool District, without treating the said
land as Wakf land and without reference to the letter dated
17.01.2012 addressed by the District Collector, Kurnool. In the
said order, it was inter alia observed that merely because the lands
are included in the prohibited property list by the District Collector,
it will not outweigh the adjudication made by the competent civil
Court with regard to the very same land in OS.No.68 of 1966 and
that when the claim of the Wakf Board is negatived in the suit, it is
not open to the registering authority to refuse registration on the
ground that the said land is shown in the letter dated 17.01.2012
addressed by the District Collector prohibiting the registration.
In spite of the decree and judgment dated 20.01.1971 in OS.No.68
of 1966 on the file of the Additional Sub-Judge's Court, Kurnool,
which have become final, and the orders dated 14.08.2012 of the
erstwhile High Court of Andhra Pradesh in WP.No.24579 of 2012,
the action of the 4th respondent in refusing to receive the document
sought to be presented by the petitioner for registration in respect
of land admeasuring Ac.1.50 cents situated in Sy.No.371 of Kallur
Village & Mandal, Kurnool District, referring to the letters
addressed by respondents 2 and 5, is illegal, arbitrary and contrary
to the above orders of the Civil Court as well as this Court. The 4th
respondent is under statutory obligation to receive the sale deed
presented by the petitioner in respect of the subject land and
process the document for registration, as per the provisions of the
Registration Act, 1908 (for short 'the Act') and if there is any
objection for registration of the document, the 4th respondent shall
return the document duly endorsing the reasons for non-
registration of the document as per the provision of Section 71 of
the Act, but the 4th respondent is not justified in refusing to receive
the document sought to be produced by the petitioner. Therefore,
if a direction is given to the 4th respondent to receive and process
the sale deed presented by the petitioner, as envisaged under the
provisions of the Act and the Rules made thereunder, the grievance
of the petitioner stands redressed.
5. Learned Assistant Government Pleader endorses the said
submissions.
6. In the facts and circumstances of the case, submissions of
both the learned counsel and on perusal of the material on record,
this Court, in the interests of justice, felt it appropriate to dispose
of the writ petition.
7. Accordingly, the Writ Petition is disposed of directing the 4th
respondent to receive and process the sale deed submitted by the
petitioner in respect of land admeasuring Ac.1.50 cents situated in
Sy.No.371 of Kallur Village and Mandal, Kurnool District, for
registration, if it is otherwise in order as per the provisions of the
Act and the Rules made thereunder, without reference to the letters
addressed by the respondents 2 and 5. In the event he is not
inclined to register the said document and intends to refuse to
register the said document, he shall pass appropriate orders as per
the provision of Section 71 of the Act giving reasons for not
registering the document and communicate the same to the
petitioner. There shall be no order as to costs.
8. As a sequel, pending miscellaneous applications, if any, shall
stand closed.
____________________
M.GANGA RAO, J
25.01.2021
anr
THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No. 437 OF 2021
25th January, 2021
anr
