Thummapudi Naga Venkata ... vs The State Of Andhra Pradesh
2022 Latest Caselaw 2056 AP

          HON'BLE SRI JUSTICE U.DURGA PRASAD RAO

                             I.A.No.1 of 2022
                                     in
                       Writ Petition No.9627 of 2022

ORDER:

W.P.No.9627/2022 is filed seeking a mandamus questioning the

action of the respondents 4 & 5 in not entertaining and registering the Sale

Deeds of the petitioner and instead assigning the Sale Deeds with pending

number in P.No.429 by 5th respondent in respect of the property in an extent

of Ac.2.00 cents in Sy.No.110/1 of Sowbagyarayapuram Village, Pendurthi

Mandal, Visakhapatnam District as illegal and for a consequential direction

to the respondents to entertain, register and release the Sale Deeds in the

light of the orders passed by the Hon'ble Apex Court in Civil Appeal

No.4019/2018 & batch in Siri Nivasam Mutual Aided House Building

Society Limited and others v. State of Andhra Pradesh.

2. The petitioner's case, briefly, is thus:

(a) The subject property of Ac.2.00 cents in Sy.No.110/1 of

Sowbagyarayapuram Village was purchased by the petitioner for

consideration on 13.03.2017 from its vendor and when Sale Deed was

presented before 5th respondent, he assigned pending number in P.No.429 to

the Sale Deed on the ground that it was included in the prohibitory list of

properties without there being any notification to that effect. The

petitioner's vendor submitted an application dated 12.06.2018, requesting

the revenue authorities to de-notify the land, which was rejected by 2nd

respondent on 01.01.2019 with remarks that the land in an extent of Ac.6.41

cents was handed over to the Government as per the orders of the Tribunal

dated 25.07.1977 and the authorized officer is now filing the appeal against

the said order and the case is pending before the Principal District Judge

against the order of the Joint Collector-cum-Settlement Officer. The

aforesaid reason for refusal to de-notify the land in question is that as per the

judgment of the Land Reforms Appellate Tribunal (LRAT), it has been

ceased to be a surplus land and it is still under contemplation of filing a

revision before this Hon'ble Court. The reasons given are untenable. There

is no notification before keeping the property in the prohibitory list under

Section 22A(1)(e) of the Registration Act. In similar circumstances, the

Apex Court in the case of Siri Nivasam Mutual Aided House Building

Society Limited and seven others v. State of Andhra Pradesh (Civil

Appeal No.4019/2018 & batch) passed an order for effecting provisional

registration.

Hence, the writ petition.

3. Along with writ petition I.A.No.1/2022 is filed seeking a direction to

the respondents to entertain, register and release the Sale Deeds which were

executed in favour of the petitioner by its vendor which was kept pending as

P.No.429 on the file of 5th respondent.

4. Learned Assistant Government Pleader for Revenue filed a copy of

written instructions in RC.No.115/2022/SA dated 18.04.2022. The gist of

the same is that the surplus land of Ac.6.41 cents was handed over to the

Government as per the Appellate Tribunal's order dated 25.07.1977 which

was not challenged and the order became final. Therefore, the Land

Reforms Tribunal-cum-R.D.O, Visakhapatnam has no jurisdiction on the

matter once already declared by the Appellate Authority. However, he

passed interim order again on 23.06.2007. So, the order has to be challenged

by the Land Reforms Department. Accordingly, the A.O., Land Reforms is

filing appeal and further when the case was pending before the Principal

District Judge against the orders of the Joint Collector & Settlement Officer

vide T.A.No.3/2000 which was dismissed on 16.07.2008, the LRT-cum-

RDO pronounced the order dated 23.06.2007.

5. It is brought to the notice of this Court that in respect of the similar

property, an order dated 26.07.2021 was passed in I.A.No.1/2019 in

W.P.No.3076/2019 by this Court. The I.A.No.1/2019 was for interim

direction to 4th respondent therein to receive and register the document in

respect of the property in an extent of Ac.10.44 cents in Sy.Nos.110/1A and

110/1B of Sowbhagyarayapuram Village, Pendurthi Mandal. The petitioner

therein relied upon the judgment of the Hon'ble Apex Court in Civil Appeal

No.4019/2018 & batch in Siri Nivasam Mutual Aided House Building

Society Limited v. State of Andhra Pradesh. This Court observed that the

Hon'ble Apex Court has passed the following order:

"It is ordered that the registration already permitted by this Court shall be treated as a provisional registration subject to the result of the writ petitions now pending before the High Court. We make it clear that merely because a provisional registration has been permitted, the parties shall not claim any additional equity. We further make it clear that without express permission from the High Court, there shall be no further transfer. In order to avoid further difficulty to the similarly situated people, we make it clear that it will be open to them to approach the High Court and seek appropriate and similar interim orders regarding transfers during the pendency of the writ petitions."

Basing on the said order, this Court passed the following order:

"Hence, the 4th respondent is directed to receive and register the document provisionally, submitted by the petitioner and release the same. Such registration shall be treated as provisional registration, subject to the result of this writ petition. As provisional registration is permitted by this Court, the parties shall not claim additional equity, while making it clear that without express permission from the High Court, there shall not be any further transfer."

6. Needless to emphasize that the present prayer of the petitioner is

squarely covered by the order dated 26.07.2021 of this Court. Hence, in

terms of the order dated 26.07.2021 in I.A.No.1/2019 in W.P.No.3076/2019,

the present I.A.No.1/2022 is allowed and the respondents 4 & 5 are directed

to receive and register the documents provisionally submitted by the

petitioner and release the same, if the documents complied with the

provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.

Such registration shall be treated as provisional registration, subject to result

of the present writ petition. As provisional registration is permitted by this

Court, the parties shall not claim any equity in future. It is made clear that

no further transfers shall be effected without expressing permission from the

High Court.

_________________________ U.DURGA PRASAD RAO, J 27.04.2022 MVA