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2015 Supreme(AP) 268
The High Court of Judicature at Hyderabad
A. RAJASHEKER REDDY, J.
Vykunta Veera Anjaneyulu – Petitioner
Versus
The State of Andhra Pradesh, Rep. by its Secretary, Endowments Department, Secretariat & Others – Respondent
Writ Petition No. 1077 of 2015
Decided On : 23-06-2015
Advocate Appeared:
For the Petitioner:M. Madhava Reddy, Advocate.
For the Respondents: The Government Pleader for Endowments and Government Pleader for Revenue.
Headnote:
Registration Act – Section 22 (A) (1) (c) – NALA Act – Endowments Act, 1987 – Section 83 – Registration (A.P. Amendment) Act-19/2007 – Section 22 (A) (1) (c ) – A.P (Andhra Area) Inams (Abolition and Conversion into Rytwari) Act, 1956 – Registration of sale deed – Endowment – Seeking writ of mandamus declaring the action of the respondent vide proceeding in dated and subsequent action in invoking Section 22 of Registration Act vide letter and proceedings dated as illegal and arbitrary petitioner states that he has purchased the land to an extent of Ac.0.55 cents in village District through registered sale deed dated in turn purchased from original owners and others and others inherited the said property from their father is comprised of a large extent of land admeasuring Ac.8.16 cents land as per 10 and the ROR issued by the Revenue Authorities. When the vendor of the petitioner wanted to sell a piece of land to one Kumar in the year 2012 and presented for registration, the registering authority refused to register the document stating that the said land in village admeasuring Ac.8.16 cents is classified as Trustee for the time being of ‘Charitable Pond’ and was donated by for the development of the pond, which is adjacent to the said land – Held, Writ petition is notified under A.P Conversion into Act, 1956 grantee becomes absolute owner, in view of the above judgment of Apex Court. Moreover, the proceedings of 5th respondent dated also show that in respect of the subject land were very much granted to the private persons and they became absolute owners of the same. Even the competent authority, Revenue Divisional Officer issued proceedings dated for conversion of agricultural land to non-agricultural land basing on the reports of dated and goes to show that the land is declared as land under A.P Act, 1956 and were also granted in of entitled persons and their names were also included in the revenue records. When the concerned Sub-Registrar has refused to register the land in the said survey number by one of purchaser he filed and this Court has categorically held that it is a private land and that the said order has become final, as such, there was no basis for the respondents to treat same as land belongs to Endowment Department – Writ petition is allowed.
1. This writ petition is filed seeking writ of mandamus declaring the action of the respondent No.2 vide proceeding in Rc.No. DP2/27164/2013, dated 15.01.2014 and subsequent action in invoking Section 22 (A) (1) (c) of the Registration Act vide letter No.N2/10868/2014-1, dated nil-5-2014 and proceedings Rc.No.A5/2088/2013, dated 06.09.2014 as illegal and arbitrary.
2. The petitioner states that he has purchased the land to an extent of Ac.0.55 cents in Sy.No.484/Part of Throvagunta village, Ongole Mandal and District through registered sale deed dated 13.03.2014 from B.Venkateshwar Rao, who in turn purchased from original owners namely Manduva Nageshwar Rao and others. The said Manduva Nageshwar Rao and others inherited the said property from their father Mandava Ramachandraiah, S/o.Bangaraiah. The Sy.No.484 is comprised of a large extent of land admeasuring Ac.8.16 cents, which is a patta land as per 10(1) Adangals and the ROR issued by the Revenue Authorities. When the vendor of the petitioner wanted to sell a piece of land to one P.Narendra Kumar in the year 2012 and presented for registration, the registering authority refused to register the document stating that the said land in Sy.No.484 of Throvagunta village admeasuring Ac.8.16 cents is classified as Trustee for the time being of ‘Charitable Pond’ and was donated by Sri Konduri Rangachary for the development of the pond, which is adjacent to the said land. Aggrieved by the same, the said P.Narendra Kumar filed W.P.No.32162 of 2012, which was allowed by this Court on 16.10.2012 holding that the land under the said transaction is a private patta land, as per the Pattadar Pass Book issued to the vendor and also as per 10(1) Adangal issued by the Revenue Authorities. That the vendor of the petitioner and others applied for conversion of the said land for non-agricultural purpose to the competent authority under the provisions of the NALA Act, the competent authority vide proceedings dated 21.11.2013 in proceedings No.D.Dis.No.D1/753/2013 converted the entire extent of land in Sy.No.484 admeasuring Ac.8.16 cents of Throvagunta village for non-agricultural purpose. The 2nd and 3rd respondents have taken steps to include the entire extent of land i.e., an extent of Ac.8.16 cents in Sy.No.484 of Throvagunta Village in the list of charitable institutions purportedly exercising their powers under Section 6 (c) of the A.P.Charitable and Hindu Religious Institutions & Endowments Act, 1987 (for short ‘the Act’) and that the 2nd respondent vide proceedings dated 15.01.2014 published the Dharmakunta under Section 6 (i) of the Act 30 of 1987 and based on the same, the 3rd respondent instructed the 4th respondent not to entertain registrations over land in Sy.No.484 of Throvagunta village. Aggrieved by the same, the present writ petition is filed.
3. The 3rd respondent-Assistant Commissioner of Endowments Department filed counter affidavit stating that the Commissioner, Endowments, Hyderabad has sent a list of properties belonging to the Endowments Institutions of the District under Section 22 (A) (1) (c) of the Act, to the concerned Sub-Registrar duly informing him not to entertain any document in relation to the properties mentioned in the list. It is further stated that the RSR Copy and District Gazette dated 31.03.1962 clearly discloses that the land in extent of Acs.8.16 cents in Sy.No.484 of Throvagunta village, Ongole Mandal, is an inam to the temple and pertains to the Dharmakunta. The registration of immovable properties shown in the list under Section 22 (A) (1) (c) of the Registration Act are prohibited directly and no notification as contemplated under 22 (A) (1) (c) of the Act is required. The sale deeds produced by the petitioner before this Court are not valid as the same are not with the prior approval of the Commissioner, Endowments Department as required und
