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Sunday, January 27, 2013

as the land was assigned in the year 1937 before G.O.Ms.No.1142, dated 18.06.1954, was issued, the sale of the assigned land was not prohibited. He has accordingly recommended for grant of No Objection Certificate for sale of the land. - Having regard to the facts admitted by respondent No.2 in his letter referred to above, respondent No.3 cannot have any objection for sale of the land by the petitioner as the assignment made in favour of the petitioner was prior to G.O.Ms.No.1142, dated 18.06.1954, wherein for the first time prohibition on transfer of assigned lands situated in Andhra Area was prescribed. For the above-mentioned reasons, the writ petition is allowed with the direction to respondent No.3 to receive and register the sale deed that may be presented by the petitioner subject to the latter complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.




WP 65 / 2013

WPSR 219136 / 2012

PETITIONERRESPONDENT
SMT. S.M. USHA DEVI, ANANTAPUR DIST.  VSTHE DIST.COLLECTOR, ANANTAPUR, & 2 OTRS.
PET.ADV. : GOWDRESP.ADV. : GP FOR REVENUE
SUBJECT: STAMPS & REGISTRATIONDISTRICT:  ANANTAPUR
FILING DATE:  31-12-2012POSTING STAGE :  ADMISSION (STAMPS AND REGISTRATION )DISPOSED ON  :  03-01-2013  ANC
REG. DATE    :   02-01-2013LISTING DATE :  03-01-2013STATUS   :  ---------
HON'BLE JUDGE(S):C.V.NAGARJUNA REDDY    

THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.65 of 2013

Dated 03rd January, 2013
Between:

Smt.S.M.Usha Devi
            …Petitioner

and


The District Collector, Anantapur and others

            …Respondents

Counsel for the petitioner: Sri S.D.Gowd
Counsel for the respondents: AGP for Revenue


The Court made the following:


ORDER:
This writ petition is filed for a mandamus to declare the action of respondent No.3 in not receiving and registering the sale deed sought to be presented by the petitioner in respect of Acs.6.11 cents of land in Survey No.885 of Amarapuram Village and Mandal, Anantapur District as illegal and arbitrary.
A perusal of the record shows that 
respondent No.2 has addressed letter, bearing R.C.No.(A)130/2011, dated 26.10.2011, to respondent No.1, wherein he has inter alia traced the history of the above-mentioned land which shows that the land was assigned to one Pujari Cholaiah in D.A.R.Dis.No.199/46, dated 15.06.1937, under DC quota, that after the death of the assignee, his LRs sold the land to T.Thimmaiah, husband of the petitioner herein, vide registered sale deed, dated 11.01.1984, and that pattadar passbooks were issued on 02.09.1986.  
Respondent No.2 opined that as the land was assigned in the year 1937 before G.O.Ms.No.1142, dated 18.06.1954, was issued, the sale of the assigned land was not prohibited.  He has accordingly recommended for grant of No Objection Certificate for sale of the land.
At the request of the learned Assistant Government Pleader for Revenue, the case was passed over in the pre-lunch session.  On getting instructions, the learned Assistant Government Pleader confirmed the fact that respondent No.2 has addressed the above-mentioned letter to respondent No.1.
Having regard to the facts admitted by respondent No.2 in his letter referred to above, respondent No.3 cannot have any objection for sale of the land by the petitioner as the assignment made in favour of the petitioner was prior to G.O.Ms.No.1142, dated 18.06.1954, wherein for the first time prohibition on transfer of assigned lands situated in Andhra Area was prescribed.
For the above-mentioned reasons, the writ petition is allowed with the direction to respondent No.3 to receive and register the sale deed that may be presented by the petitioner subject to the latter complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.
As a sequel to disposal of the writ petition, W.P.M.P.No.68 of 2013 shall stand disposed of as infructuous.

 

C.V.NAGARJUNA REDDY, J

03rd January, 2013
VGB

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