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2015 Supreme(AP) 404

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Vilas V. Afzulpurkar, J.
V.O. Venugopal Reddy and Ors. - Appellants
Vs.
State of Andhra Pradesh and Ors. - Respondents
W.P. Nos. 16026, 16029, 16030 and 16062 of 2015
Decided On: 01.07.2015

Advocates:
Advocate Appeared:
For the Appellants: E. Manohar, K. Sarath
For the Respondents: G.P.

Headnote:

Registration Act- Section 22-A -All these writ petitions are filed by the respective purchasers aggrieved by the action of the 4th respondent in refusing to receive the documents and register the sale deeds presented by them for registration. Each one of the petitioners presented sale deeds in their favour on 13-05-2015 and by identical refusal orders the registration of the sale deeds was refused by the 4th respondent-Held- It is well settled that mere registration of document by the Registrar does not confer title and consequently that by mere registration if the Government has a pre-existing title, the same is not in any way affected by a transaction between two individuals, which is registered by Registrar. Mere registration, therefore, would not affect the title of the respondent Government and that if they establish their entitlement in appropriate proceedings, mere registration of the document in favour of the petitioners, which is subject matter of the present writ petition, would not by itself defeat the claim of the Government - It is clear that the refusal endorsements are passed on the basis of the earlier letters of the Tahsildar without taking into consideration the subsequent pattas granted in favour of the vendor of the petitioners and that the same was implemented in the revenue record and as on today, the claim of the Government is yet to be adjudicated and settled since the revision is still pending before the revisional authority- Petition Allowed

Order

Vilas V. Afzulpurkar, J.

1. Heard. Since the issue raised in these writ petitions is common, they are being disposed of by this common order.

2. All these writ petitions are filed by the respective purchasers aggrieved by the action of the 4th respondent in refusing to receive the documents and register the sale deeds presented by them for registration. Each one of the petitioners presented sale deeds in their favour on 13-05-2015 and by identical refusal orders dated 02-06-2012, the registration of the sale deeds was refused by the 4th respondent.

3. The sale deeds executed in favour of the petitioners contain the following recitals at the beginning:-

"Whereas the party of the first part is the absolute owner of the schedule property morefully described in the schedule hereunder and in possession and enjoyment as mutations also effected in Revenue records in pursuance of the proceedings of the Joint Collector, Chittoor in S.R. No. F6/11/11(a)/77, dated 31-07-2014 duly issuing pattadar passbook under Patta No. 255, Khata No. 10926E007000007, adangal/pahani and proceedings of Tahsildar, Tirupati Rural Mandal in R. Dis. A/A/494/85, dated 23-08-2014."

4. The reasons for refusal mentioned in the impugned orders are extracted hereunder:-

This document purported to be a sale executed by one Smt. V. Sudharsanamma, W/o. V. Lakshmana Reddy of Tirupati in favour of Sri V.O. Venugopal Reddy, S/o. V.O. Krishna Reddy alienating an extent of Ac. 0-51 cents in Sy. No. 88/1 part and Ac. 0-52 cents in Sy. No. 89 part with well there on of Gollapalle Village Accounts of Tirupati Rural Mandal bounded on the

East by: the land in Sy. No. 89 part

West by: the land sold out in S. No. 88/1 part to V.O. Venugopal Reddy on this day;

North by: Ramanujapalli village land limits; and

South by: Road

Stamp Duty and Registration for a Market Value of Rs. 8,24,000 has been paid. Document has been kept pending and assigned pending document No. 19 of 2015 for scrutiny.

On verification of this office records it is noticed that the Tahsildar Tirupati Rural Mandal in Lr. No. A/291/2012, dt. 24/3/2012 communicated to Sub-Registrar Chandragiri that the land in Sy. No. 88 extent Ac. 2.24 cents and Sy. No. 89 extent Ac. 1-55 cents of Gollapalle village Accounts of Tirupati Rural Mandal are government lands classified as 'Road' and therefore Registration of government lands are prohibited as per Section 22A(1)(b) of Registration Act, 1908. The District Registrar Sri Balaji Registration District Tirupati while enclosing the District Collector Chittoor DO. Lr. No. Roc F1/134/2015, dt. 13-5-2015 vide Memo No. G/885/2015, dt. 22/5/2015 directed the Sub-Registrars to take necessary action as per the provisions of Section 22-A of the Registration Act, 1908, whenever documents affecting the said lands are presented for Registration. The lands in Sy. Nos. 88, 89, 91 of Gollapalle Village, total extent Ac. 4.09 cents are included in the said DO letter.

In view of the above said reasons, I hereby refuse the Registration of land in Sy. No. 88/1 part extent Ac. 0-51 cents in Sy. No. 89 part extent Ac. 0-52 cents of Gollapalle Village Accounts of Tirupati Rural Mandal under Section 22A(1)(b) of the Registration Act, 1908."

5. It is evident from the above that the orders of refusals are passed based on the letter of the Tahsildar, Tirupati Rural Mandal, dated 24-03-2012 on the ground that the lands admeasuring Ac. 2-24 cents in Sy. No. 88 and Ac. 1-55 cents in Sy. No. 89 are Government lands and classified as 'Road' and prohibited from registration under Section 22-A(1)(b) of the Registration Act, 1908 (for short 'the Act').

6. The petitioners while questioning the said refusal orders contend that their vendor was, in fact, granted patta by the Settlement Officer-cum-Joint Collector, Chittoor, on 31-07-2014 and the same was implemented by the Tahsildar on 23-08-2014 and, accordingly, the petitioners' vendor was issued pattadar pass book on 27-01-2015. In view of said grant of patta in favour












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