Golla Ramakrishna, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 129 AP

                 THE HON'BLE SRI JUSTICE M. GANGA RAO

                           Writ Petition No.1082 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 in respect of the

land to an extent of Ac.3.00 cents situated 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 documents sought to be

presented by the petitioner with respect to above property.

Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Registration and Stamps appearing for the

respondents 1 to 4.

The case of the petitioner is that originally, one

N. Subba Rao is 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.

After the death of Subba Rao, on 25.04.1995, N. Rammohan Rao, who is

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the sole legal heir of Subba Rao, succeeded to the property. 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 Additional

Sub-Judge, Kurnool. The petitioner became the absolute owner of the

land to an extent of Ac.3.00 cents situated in Sy.No.371 of Kallur village &

Mandal, Kurnool District, having got the same under a registered Will

executed by one N. Rammohan Rao vide document No.52 of 2015 dated

25.04.2015 wherein the subject property is mentioned at item No.15. The

said Rammohan Rao died on 18.01.2018. Subsequently, the Will came

into operation. 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 2 & 5 have addressed letters not to register the

land. The action of the 4th respondent in refusing to receive and process

the document sought to be presented by the petitioner, at the instance

of respondents 2 & 5, is illegal and arbitrary. Hence, questioning the

arbitrary action of the 4th respondent, the present writ petition came to be

filed.

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

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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 sale document in

respect of the land to an extent of 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.

Inspite 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 in view of 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 to an extent of Ac.3.00

cents situated in Sy.No.371 of Kallur Village & Mandal, Kurnool District,

referring to the letters addressed by respondents 2 & 5, is illegal, arbitrary

and contrary to the judgment and decree passed by the Civil Court and

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orders of 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 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 Registration Act and

the Rules made thereunder, the grievance of the petitioner stands

redressed.

Learned Assistant Government Pleader endorses the said

submissions.

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.

Accordingly, the Writ Petition is disposed of directing the 4th

respondent to receive and process the sale deeds proposed to be

submitted by the petitioner in respect of land to an extent of Ac.3.00

cents situated in Sy.No.371 of Kallur Village & Mandal, Kurnool District, for

registration, if it is otherwise in order as per the provisions of the

Registration Act and the Rules made thereunder, without reference to the

letters addressed by the respondents 2 & 5. In the event he is not inclined

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to register the said document on any other grounds 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.

As a sequel, pending miscellaneous applications, if any, shall stand

closed.

_________________ M.GANGA RAO, J 18.01.2021 Vjl