Golla Ramakrishna, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 2 AP

                 THE HON'BLE SRI JUSTICE M. GANGA RAO

                           Writ Petition No.394 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.2.00 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 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

MGR,J WP_394_2021

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 learned

Additional Sub-Judge, Kurnool. The petitioner became the absolute

owner of the land admeasuring Ac.2.00 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.14. 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 for not

registering the same. 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 said action, 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

MGR,J WP_394_2021

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. 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 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.2.00 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

above orders of the Civil Court and this Court. The 4th respondent is under

MGR,J WP_394_2021

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 deed submitted by the

petitioner in respect of land admeasuring Ac.2.00 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 to register the said

document and intends to refuse to register the said document, he shall

MGR,J WP_394_2021

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 06.01.2021 ANR/Vjl