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High Court for State of TelanganaWP/1978/2015allowed no costs

Mekala Jagan Mohan Reddy, v. State Of Andhra Pradesh,

2015-06-10Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION Nos.1860 and 1978 OF 2015 DATED: 10.06.2015 Between:

Mekala Jagan Mohan Reddy .. Petitioner And State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Stamps & Registration) Department, and others.

.. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION Nos.1860 and 1978 of 2015 COMMON ORDER:

The issue raised in these writ petitions is with regard to the refusal by the registration authorities to register the documents in respect of property situated in Sy.No.250 of Gopavaram Gram Panchayat, Proddatur Village and Mandal, Kadapa District. The status of the land in Sy.No.250 of Proddatur Village fell for consideration before this Court in W.P.No.15169 of 2009. By order dated 23.06.2010, the said writ petition

was allowed holding that the classification of the land in Sy.No.250 of Proddatur Village as Kummara Inam (Government land) on the basis of an entry in the revenue records alone was unsustainable in law. A consequential direction was given to the registration authorities to entertain the document presented by the petitioner in that case and, subject to compliance with necessary formalities, register the same in accordance with law.

The Joint Sub-Registrar-I, Proddatur, filed counter-affidavits in both the matters again taking the defence that the subject land was classified as Kummara Inam and was therefore Government land. As stated supra, this Court already rejected the contention of the authorities that the land in Sy.No.250 of Proddatur Village was Kummara Inam on the basis of a mere entry in the Re-survey and Settlement Register and accordingly passed a final order in the earlier writ petition. In terms of the order passed by this Court in W.P.No.15169 of 2009 and for reasons alike as were mentioned therein, these writ petitions are allowed setting aside the refusal orders passed by the Joint Sub-Registrar-I, Proddatur, impugned herein. A consequential direction shall ensue to the Joint Sub-Registrar-I to receive, register and release the documents presented by the petitioner if they are otherwise found to be in accordance with law and necessary formalities are complied with.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 10th June, 2015 IBL