Back
2018 Supreme(AP) 931
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M.S. RAMACHANDRA RAO, J.
In Re: P.S. Pradyumna, District Collector, Chittoor – Appellant
Suo Motu Contempt Case No. 2745 of 2017 in W.P. No. 40979 of 2017
Decided On : 31-12-2018
Advocate Appeared:
For the Appellant : P.S.P. Suresh Kumar.
Headnote:
Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 – Registration Act, 1908 – Section 22A – Constitution of India – Articles 14 and 300A – Petitioner file petition to declare action of 5th respondent in issuing letter 7 and not receiving, processing and registering Gift Settlement Deed executed by petitioner is illegal, arbitrary and violative of Articles 14 and 300A of Constitution and Section 22A of Act, 1908 and for direction to 5th respondent to receive, process and register same – Held, It is clear that District Collector without application of mind had rejected request of petitioner for issuance of NOC for registration by 5th respondent of gift settlement register executed by petitioner – Said order of District Collector Not sustained – Endorsement Roc of District Collector, (2nd respondent) set aside and declared that subject land is not Government land and private land of petitioner, that petitioner is entitled to transfer it in any manner, arid respondents have no valid grounds to prevent him from doing so – Petition allowed. (Paras: 31,32 &33)
Facts of the case:
Petitioner file petition to declare action of 5th respondent in issuing letter 7 and not receiving, processing and registering Gift Settlement Deed executed by petitioner is illegal, arbitrary and violative of Articles 14 and 300A of Constitution and Section 22A of Act, 1908 and for direction to 5th respondent to receive, process and register same.
Findings of the court:
It is clear that District Collector without application of mind had rejected request of petitioner for issuance of NOC for registration by 5th respondent of gift settlement register executed by petitioner – Said order of District Collector Not sustained – Endorsement Roc of District Collector, (2nd respondent) set aside and declared that subject land is not Government land and private land of petitioner, that petitioner is entitled to transfer it in any manner, arid respondents have no valid grounds to prevent him from doing so.
Result: Petition allowed
ORDER :
1. Petitioner is the owner and possessor of land admeasuring Ac. 0-31 cents in Sy. No. 279/1, Ac. 0-12 cents in Sy. No. 288/1, Ac. 0-17 cents in Sy. No. 292/1, Ac. 0-26 cents in Sy. No. 296/1, Ac. 0-27 cents in Sy. No. 304/1, Ac. 0-12 cents in Sy. No. 305/1, Ac. 0-10 cents in Sy. No. 306/1, Ac. 0-02 cents in Sy. No. 307/4 and Ac. 0-17 cents in Sy. No. 309/1, admeasuring Acs. 1-54 cents in all in Tiruchanur Village, Tirupati Rural and mandal, Chittoor District.
2. Petitioner purchased the said land under registered Sale Deed No. 7376 of 1981 dated 19.12.1981 from Varadarajupeta Gopalaiah, Varadarajupeta Korriah, Rangaiah, Pillanapalem Peeroiah and Varadarajupeta Booshiah.
3. The said land originally belonged to Sri Hathirarhji Mutt and the said Mutt had granted permanent (Saswatha) patta in favour of petitioner's vendors on 25.03.1939.
4. Petitioner's vendors applied for Ryotwari Patta under Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act, 1956 for the said lands and the then Inams Deputy Tahsildar, Chandragiri issued proceedings in I.E. No. 303/77 dated 20.12.1980 granting Ryotwari Patta to petitioner's vendors for the said land and another extent of Ac. 0-16 cents i.e in all Ac. 1.70 cts.
5. Petitioner intended to execute a Gift Settlement Deed on 0.1.09.2017 in favour of her son and approached the Sub-Registrar, Renigunta, Chittoor District (5th respondent) and requested to issue Market Value Certificate for the purpose of execution of the said document.
6. The 5th respondent then issued an Endorsement on 01.09.2017 stating that the above land is classified as Government Land, that there is no market value for the said land and that he would not receive the document presented by the petitioner for registration purposes.
7. Petitioner then obtained information from the web site of the Registration and Stamps Department of the State of Andhra Pradesh relating to details of prohibited properties of Tiruchanur village, which also indicated that the subject land was not notified under Section 22A of the Registration Act, 1908.
8. Petitioner contended that adjacent land in the very same survey numbers was transferred by way of sale and filed copies of the Encumbrance Certificates dated 01.09.2017 showing the same.
9. Petitioner had filed W.P. No. 30085 of 2017 challenging the action of the respondents in not receiving, prosecuting and registering the Gift Settlement Deed and issuing letter dated 01.09.2017.
10. This Court dismissed the said Writ Petition on 08.09.2017 granting liberty to the petitioner to submit application before the District Collector along with all relevant documents in support of her claim including latest description of properties in the Registration Department website, and as and when such application is made, District Collector was directed to consider the request of the petitioner and take appropriate decision as warranted by law and communicate it to the petitioner by a reasoned order within a period of two (02) months.
11. Petitioner then filed an application/representation before the District collector on 23.09.2017 enclosing all the documents and requested to issue "No Objection Certificate" for registration of Gift Settlement Deed.
12. Since no orders were passed in the said representation, petitioner filed the present Writ Petition to declare the action of the 5th respondent in issuing the letter dated 01.09.2017 and not receiving, processing and registering the Gift Settlement Deed executed by the petitioner on 01.09.2017 is illegal, arbitrary and violative of Articles 14 and 300A of the Constitution of India and Section 22A of the Registration Act, 1908 and for a direction to the 5th respondent to receive, process and register the same.
13. On 07.12.2017, the Government Pleader for Assignment took notice for the respondents and sought time to get instructions.
14. The matter was then listed on 13.12.2017 but again time was sought to obtain instructions. So, the Court issue
