Kota Surya Rao, v. The Joint Sub-Registrar,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4159 of 2017 ORDER:

This Writ Petition is filed seeking to declare the action of the first respondent - Joint Sub-Registrar, Registration and Stamps Department, Sabbavaram Mandal, Visakhapatnam District, in not considering the objections raised by the petitioners in representation, dated 24.01.2017 with regard to the proposed registration of documents of respondents 5 to 8 in relation to the property admeasuring Acs.12.50 cents in Survey No.28/10 situated at Duvvada Village, Gajuwaka Mandal, Visakhapatnam District, contrary to the Circular Memo No.G1/1249/2012, dated 25.06.2016, as illegal and arbitrary.

It is the case of the petitioners that with regard to the subject property, respondents 5 to 8 filed an application before respondent No.3 - Tahsildar, Gajuwaka Mandal, Visakhapatnam District, for mutation of their names in the relevant revenue records and for issuance of pattadar pass books and title deeds. It is stated that the petitioners have also filed objections to such application and same is pending consideration. They contend that though they are claiming title to the property, respondents 5 to 8 are proposing to alienate the subject property and presenting the documents for registration.

ARR, J W.P.No.4159 of 2017 Heard learned counsel for petitioners and learned Assistant Government Pleader for Revenue appearing for respondents 1 to 4.

It appears that the petitioners as well as respondents 5 to 8 are claiming title in respect of the subject property. Therefore, this Court cannot entertain the Writ Petition for resolving title disputes involving disputed questions of fact. However, it is for the petitioners to approach the competent civil Court and obtain appropriate orders.

Hence, the Writ Petition is dismissed giving liberty to the petitioners to approach the competent civil Court and obtain appropriate orders.

Consequently, Miscellaneous Petitions, if any pending in this Writ Petition, shall stand closed. No order as to costs. __________________________ A.RAJASHEKER REDDY, J 7th FEBRUARY, 2017.

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