High Court of Andhra Pradesh
R. SUBHASH REDDY, J.
P. Srinivasulu, S/o. Natarajan Mudaliar & Others
Versus
The Sub-Registrar & Others
Writ Petition No.21836 of 2012
Decided on : 07-09-2012
Stamp Act, 1899 – Registration Act, 1908 – Section 22 – Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 – Sections 6, 29 – Registry of Land – Writ petition is filed seeking direction by way of mandamus to declare action of first respondent in not registering and releasing document presented by the first petitioner in relation to land basing on letters in Rc. addressed by respondents 3 and 5 as illegal and arbitrary, and contrary to the provisions of Registration Act, 1908 – Held, Court is of view that there is no basis or authority for respondents 3 and 5 to address letters to first respondent for prohibiting transfer of subject land cents in Survey by first petitioner in favour of petitioners 2 to 5 – Writ petition is, therefore, allowed with a direction to first respondent to receive documents that may be presented by petitioners with regard to the subject land and consider same for registration, without reference to the letters in Rc. addressed by respondents 3 and 5 to the first respondent – Sub Registrar, Renigunta, and release the same – It is made clear that it is open to the Registering Authority to verify whether documents are in accordance with provisions of Registration Act, 1908 and Stamp Act, 1899 – Writ Petition Allowed
This writ petition is filed seeking direction by way of mandamus to declare the action of the first respondent in not registering and releasing the document presented by the first petitioner in relation to the land admeasuring Acs.11.95 cents in Survey No.6 of Tukiwakam Village of Renigunta Mandal in Chittoor District basing on the letters in Rc.No.KGT-31/2007, dated 26.12.2007, Rc.No.N1/34576/2007, dated 11.12.2008 and Rc.No.N1/27520/2009 dated 19.04.2010 addressed by the respondents 3 and 5 as illegal and arbitrary, and contrary to the provisions of the Registration Act, 1908. The case of the petitioner is as under: Sri Kandala Govindacharyula Trust, Gopalapuram Matam, Chinna Bazar Street, Tirupati (hereafter, the Trust) is purely a private trust. It was endowed with the land admeasuring Acs.29.85 cents in Survey No.6 situated at Tukiwakam Village of Renigunta Mandal in Chittoor District (hereafter, the Trust land). The trustees of the Trust passed a resolution dated 30.6.1981 authorising Sri Kandala Vijaya Raghavan (hereafter, the Life Trustee) to execute sale deeds in respect of the Trust land in favour of various persons. Sri Konneti Natarajan Mudaliar, who is the father of the first petitioner, purchased an extent of Acs.11.95 cents covered by Survey No.6 situated at Tukiwakam Village of Renigunta Mandal in Chittoor District (hereafter, the subject land) forming part of the Trust land, by separate registered sale deeds. He purchased an extent of Acs.10.00 through registered document bearing No.7677 of 1981, dated 29.12.1981; an extent of Acs.1.20 cents through registered document bearing No.1138 of 1983, dated 21.2.1983; and an extent of Acs.0.75 cents through registered document No.3993 of 1985, dated 21.6.1985. Sri Mudaliar had become absolute owner and possessor of the subject land. It is stated that after demise of his father on 02.7.1997, the first petitioner is in continuous and uninterrupted possession and also perfected his title to the subject land. The Trust land, excluding the subject land, was sold to third parties and the said lands were divided into house plots. About hundred houses have come in that area and it has now become a residential colony. Precisely, it is the case of the petitioners that the entire Trust land covered by Survey No.6 had been sold to Sri Natarajan Mudaliar and others.
After death of his father on 02.7.1997, the first petitioner offered to sell the land to petitioners 2 to 5 and they have entered into agreements of sale dated 10.3.2010, 24.2.2011 and 25.1.2012. The petitioners 2 to 5 have paid substantial amounts to the first petitioner towards part consideration. When they have approached the first respondent – Sub-Registrar, Renigunta for registration of regular sale deeds, he informed them that the subject land is shown in the list of properties prohibited for registration, in view of the letter Rc.No.KGT-3/2007, dated 26.12.2007 addressed by the fifth respondent to the first respondent.
It is the case of the petitioners that the Trust was originally registered on 09.7.1898 vide document No.851 of 1898 and it was brought under Section 6(c)(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereafter, the Act 30 of 1987) on 13.4.1995 and the Trust was handed over to the Endowments Department on 09.12.1996. An Executive Officer was appointed to represent the Trust and in such representative capacity he has addressed letter dated 26.12.2007 to the first respondent not to allow any transaction in respect of the lands covered by Survey No.6 i.e., the Trust land. The petitioners contend that there is no valid reason for inclusion of subject land in the list of properties prohibited for registration as the father of the first petitioner purchased the subject land through registered sale deeds in 1981, 1983 and 1985. The remaining lands in Survey No.6 were sold to the third parties. There was unanimous resolution by the trustees author
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