S.Eswaraiah, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.31453 OF 2016

O R D E R

This writ petition is filed for a direction to the 5th respondent - Sub Registrar to issuing market value certificate to the petitioner's land in an extent of Ac.0.96 cents in Sy.No.713/2D (Khata No.718) and an extent of Ac.0.575 cents (Khata No.719) in Sy.No.714-A of Kalikiri Village and Mandal, Chitoor District, for the purpose of receiving, processing and registering the documents pertaining to the said land. The learned Assistant Government Pleader for Revenue produced copy of paragraph-wise remarks issued by the 5th respondent -Sub Joint Registrar, Kalikiri. The relevant portion is as under:

"I submit that as stated by the petitioner in the writ affidavit, the lands under the intended sale falls in Sy.No.713/2D - Ac.0-96 cents of Kalikir village, Kalikiri Mandal. The Collector, Chittoor furnished to District Registrar, Chittoor a list of " Government and DKT lands" to the Sub Registrar, Kalikiri vide District Registrar Memo No.G1/869/2016 dated 18.7.2016, the main Sy.No.713-AC 4.47 cents is included in the above prohibited list of Kalikir village. And also the intended survey number Sy.No.713Ac. 11.93 is included in the dotted list vide G.O.Ms.No.215 dt. 13-05-2016. The same fact was informed to the petitioner when he approached the Sub Registrar, Kalikiri." From the above instructions it is clear that the land in Sy.No.714/A of Kalikir Revenue Village, Kalikiri Mandal is not included in the prohibited list of lands under Section 22-A of Registration Act for registration and the land of the petitioner in an extent of Ac.0-96 cents in Sy.No.713/2D of Kalikir village, Kalikiri Mandal, Chittoor District is included in the prohibited list.

In view of the above, the 5th respondent - Sub Registrar is directed to issue market value certificate of the land of the petitioner in an extent of Acs.0.0575 cents (Khata No.719) in Sy.No.714/A of Kalikiri Revenue village and Mandal, Chittoor District and consider the registration of the document if the same is in order as per provisions of the

Indian Stamp Act, 1899 and the Registration Act, 1908 and the Rules made there under. In case, if he intends to refuse to register the same, shall pass orders under Section 71 of the Registration Act, 1908 recording reasons and communicate the same to the petitioners. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

As the land of the petitioner in an extent of Ac.0-96 cents (Khata No.718) of Kalikir Revenue Village and Mandal, Chittoor District is stated to be in the prohibited list, the petitioner is at liberty to challenge the same or avail the remedy available under law.

The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions pending if any, shall stand closed. AVS ---------------------------------- 30-09-2016