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Sunday, January 27, 2013

the mere classification of land as Assessed Waste and the entry in the revenue record that it belongs to the Government do not determine the title and that the Registrar cannot ignore ownership of the party by giving weight to mere entries in the revenue record. In the instant case, the petitioner has traced the legal title through the document as far back as 21.5.1918 and enumerated the details relating to as many as 12 transitions through registered sale deeds commencing from 21.05.1918 up to 12.03.1995. In the face of this overwhelming documentary evidence showing that the property is a private property which changed hands through registered sale deeds on as many as 12 occasions, there is no justification for respondent No.3 to place reliance on the entry in the revenue record describing the property as Assessed Waste and refusing to receive and register the document on that basis.




WP 343 / 2013

WPSR 170 / 2013

PETITIONERRESPONDENT
VASANTHAMMA BANKAPURAM,KADAPA DIST  VSTHE DIST.COLLECTOR,KADAIA & 2 OTHERS
PET.ADV. : APARNA LAKSHMIRESP.ADV. : GP FOR REVENUE
SUBJECT: STAMPS & REGISTRATIONDISTRICT:  CUDDAPAH
FILING DATE:  02-01-2013POSTING STAGE :  ADMISSION (STAMPS AND REGISTRATION )DISPOSED ON  :  04-01-2013  ANC
REG. DATE    :   03-01-2013LISTING DATE :  04-01-2013STATUS   :  ---------
HON'BLE JUDGE(S):C.V.NAGARJUNA REDDY    


HONOURABLE SRI JUSTICE C.V.NAGARJUNA REDDY

WRIT PETITION No.343 OF 2013
Dated 04-01-2013
Between :-
Vasanthamma Bankapuram                                        
……..Petitioner
And
The District Collector and Magistrate
Kadapa District and two others                              
………Respondents

 

Counsel for the Petitioner      : Sri B.V.Aparna Lakshmi
Counsel for the Respondents  : Assistant Government Pleader
                                                              for Revenue
                                                          

The Court made the following:-







O R D E R:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.3 in refusing to receive and register the document sought to be presented by the petitioner on the ground that the property in question is an Assessed Waste, as illegal and arbitrary.
At the hearing, it is agreed by the learned Assistant Government Pleader for Revenue that this Court in W.P.No.11332 of 2010 considered a similar action of the registering authority and by its order, dated 08.09.2010, observed that in W.P.No.6016 of 2010, this Court held that the mere classification of land as Assessed Waste and the entry in the revenue record that it belongs to the Government do not determine the title and that the Registrar cannot ignore ownership of the party by giving weight to mere entries in the revenue record.  
In the instant case, the petitioner has traced the legal title through the document as far back as 21.5.1918 and enumerated the details relating to as many as 12 transitions through registered sale deeds commencing from 21.05.1918 up to 12.03.1995. 
In the face of this overwhelming documentary evidence showing that the property is a private property which changed hands through registered sale deeds on as many as 12 occasions, there is no justification for respondent No.3 to place reliance on the entry in the revenue record describing the property as Assessed Waste and refusing to receive and register the document on that basis.
        For the above mentioned reasons, the Writ Petition is allowed and respondent No.3 is directed to receive the document that may be presented by the petitioner in respect of Ac.2-16 cents in Sy.No.169 of Proddatur Village and Mandal, Y.S.R.Kadapa District, and register the same, subject to the petitioner complying with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908.
          As a sequel to disposal of the Writ Petition, W.P.M.P.No.435 of 2013 filed by the petitioner for interim relief is disposed of as infructuous.
                                                    ____________________________
 JUSTICE C.V.NAGARJUNA REDDY
                             

Dated 04.01.2013

DR/Vvr

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