Point of Law: Political sufferers are free to sell the lands assigned to them without any prohibition or inhibition.

ORDER :

The petitioner seeks a writ of mandamus declaring the action of the 5th respondent in not registering the document in favour of petitioner in respect of the property in an extent of Acres 3.04 cents out of Acres 5.04 cents in S.No.883 and Acres 3.55 cents in S.No.902, situated at Bondada Village, Kalla Mandal, West Godavari District, as illegal and arbitrary and for a consequential direction to 5th respondent to receive the sale deed and register the same in favour of the petitioner in respect of above properties.

2. The petitioner's case is thus:

(a) One Vegesna Bangarraju was a political sufferer and the Government have granted a patta in his favour in the year 1950 for an extent of Acres 5.04 cents in S.No.883 in Bondada Village vide proceedings in Roc.EI-2474/1950, dated 03.05.1950. He enjoyed the land for more than ten years and thereafter, himself and his legal heirs sold Acres 3.04 cents out of Acres 5.04 cents in favour of one Bhupathiraju Soma Raju in the year, 1960 vide registered Sale deed No.710 of 1960, dated 06.04.1960. Later, the father of the petitioner namely Srirama Raju purchased said property under a registered Sale Deed No.2575 of 1968, dated 04.09.1968. The remaining land was sold to one Manthena Satyavathi under a registered document No.2567 of 1966. dated 21.06.1966, who in turn sold the same in favour of one Thotakura Usha Rani vide registered document No.1711 of 1981, dated 18.06.1981. Thereafter also some registered sales took place in respect of the said property.

(b) The further case of the petitioner is that one Chodraju Lakshmipathi Raju was also a political sufferer and he was assigned with land admeasuring Acres 3.55 cents in S.No.902 of Bondada Village and he in turn sold the said property in favour of Bhupathiraju Annapurnamma vide document No.711 of 1960, dated 05.04.1960. Said Annapurnamma sold the above property in favour of petitioner's mother Danthuluri Anasuyamma vide document No.2576 of 1968. dated 04.09.1968.

(c) The further case of the petitioner is that in a family partition among his parents and other family members, the above lands fell to the share of petitioner and therefore, he became absolute owner of the same. The petitioner has been enjoying those lands uninterruptedly. His name was also mutated in all the revenue records and pattadar passbook and title deed were also issued in his favour. However, the lands are still in the name of his parents. Hence, on the advice of his counsel, the petitioner in order to perfect his title and avoid any future litigation proposed to obtain Sale Deed from his parents. In that context, when he approached 5th respondent for registration, he orally informed that the scheduled properties are under prohibited list as per the provisions under Section 22A of the Registration Act and therefore, registration cannot be affected. The petitioner's contention is that since last seven decades the petitioner’s family has been enjoying the subject lands by paying tax to the Government and therefore, 5th respondent has no right to refuse to register the documents.

Hence, the writ petition.

3. Learned Government Pleader for Stamps & Registration took notice for the respondents. No counter is filed.

4. Heard the arguments of Sri K.V.L.Narasimha Rao, learned counsel for petitioner, and learned Government Pleader for Stamps & Registration.

5. Learned counsel for petitioner would argue that the subject lands, which were purchased by the petitioner's father and mother, were originally assigned to political sufferers viz., Vegesna Bangarraju and Chodraju Lakshmipathi Raju and the assignees enjoyed their respective lands for a considerable period and thereafter sold to third parties from whom the parents of the petitioner purchased in the year 1960. Ever since they have been enjoying the subject lands. Thereafter, during the family partition the subject lands fell to the share of petitioner and in fact, Pattadar Passbook and title deeds were issued in his favour.