Vasi Reddy Anasuya, v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF JUNE TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.17920 of 2015 BETWEEN K.Anasuya ... PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Revenue), A.P. Secretariat Building, Hyderabad and others. ...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. Petitioner is aggrieved by non-consideration of her representations, dated 06.04.2014 and 08.03.2015. It is claimed by the petitioner in her representation that she was taking care of her father and grandmother, who are owners of survey No.259/1 admeasuring Ac.0-17 cents at Veerullapadu village and Mandal, Krishna District. She states that after the death of her father and grandmother, she has been in possession and enjoyment of the property and she claims that her father has given the said land to her as Pasupukumkuma through gift deed. While so, she has shifted to Hyderabad

for the purpose of private employment and claims that some third parties have unauthorisedly occupied the land and obtained registered documents. She, therefore, seeks the Sub-Registrar to stop the registration of the documents in favour of any person.

3. Learned Government Pleader for Revenue has received instructions, which states that the said land is classified as patta land in the name of Vattikonda Mallaiah and that one Yemparla Srinivasa Rao, S/o.Venkata Ramaiah applied for possession certificate as he is stated to be utilizing the said land for house site. On enquiry, it revealed that the said person was in possession basing on an unregistered sale agreement and, as such, possession certificate was issued. Copies of the agreement of sale, dated 13.02.2013, panchanama conducted by Mandal Revenue Inspector, Veerullapadu, Statement of the applicant, copies of adangals issued to the petitioner, and copy of certificate issued to him are also appended to the instructions.

4. Apparently, the registration authorities cannot stop registration and cannot decide upon the title of the persons claiming the property. Thus, the representations of the petitioner asking the Registrar not to register the documents, obviously, cannot be accepted by the Registrar. If the petitioner seeks to assert her rights to the suit property, she has to take appropriate legal action. However, the relief, as sought for, in this writ petition cannot be granted.

Hence, with the liberty aforesaid, writ petition is dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J June 29, 2015 Lmv