Ravuri Lakshmi Anna Purna Devi v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35203 OF 2017 Dated:25.10.2017 Between:

Ravuri Lakshmi Annapurna Devi, W/o. Kodali Satyanarayana, Aged 56 years, Occ: Housewife, R/o.Flat No.304, Gandhi Sadan, Thotlavalluru Road, Vuyyuru, Kirshna District .. Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.35203 OF 2017 ORDER:

Heard.

2.

Gift deed presented by the petitioner executed in favour of her daughter in respect of land to an extent of 233.4 sq. yards in R.S.Nos.414/4 and 418/1 of Poranki Village, Krishna District, was refused for registration by the order of the Sub-Registrar, dated 03.10.2017 on the ground that the said subject property is under Court jurisdiction. Earlier, on 30.11.2016, the Sub-Registrar addressed a letter to the District Registrar informing him that XIII Additional District Judge, Krishna District, passed injunction orders in O.S.No.59 of 2005 not to register the properties in R.S. numbers mentioned therein. Challenging the said communication, W.P.No.4832 of 2017 is instituted before this Court.

It was contended that the injunction order passed by the trial Court does not contain the survey numbers in which the present transaction is sought to be made and it was confined only to item Nos.2 to 12. In the said Writ Petition also petitioner was claiming to register the document concerning the property in R.S.No.417/4 and 418/1. The Court, having found that the injunction order does not cover the properties mentioned by the petitioner therein, set aside the correspondence dated 30.11.2016 granting liberty to the petitioner to present the sale deed for registration with further directions.

3.

Learned counsel for the petitioner and learned Assistant Government Pleader for Revenue do not dispute that the issue

concerning in the present Writ Petition is similar to the issue in the above said Writ Petition.

4.

In view of the same, the Writ Petition is also disposed of setting aside the communication given to the petitioner by the Sub-Registrar on 03.10.2017 and the Sub-Registrar is directed to process the gift deed in accordance with the Registration Act, 1908 and the Rules framed thereunder without reference to the injunction order granted by the XIII Additional District Judge, Krishna District, in O.S.No.59 of 2006, provided the same is not included in the list of prohibited properties. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed.

____________________ P. NAVEEN RAO, J Date:25.10.2017 KH