P GOVINDA REDDY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed seeking directions by way of mandamus, declaring the action of respondents in not entertaining the document for registration with regard to sale of land covered by Sy.No.244-7, admeasuring Acs. 10.00 cents, situated at Kalyandurg Village and Mandal of Anantapur District, as illegal and arbitrary.

(2.) IT is the case of the petitioner that originally the land in Sy.No.244-7, admeasuring Acs. 19.08 cents was assigned in 1932 in favour of one Karanam Chikkappa of Kalyandurg Village and Mandal of Anantapur District. He sold the said land to one Narayanappa by way of registered Document No.284/1932, dated 26.5.1932. It is stated that thereafter, there are series of registered transactions in respect of the aforesaid land, and ultimately, the petitioner has purchased an extent of Acs. 10.00 cents out of the said land from Smt. D. Prabhavathi, vide registered Document No.841/2005, dated 16.3.2005, for a consideration 6f Rs. 1,65,000.00. In this writ petition, it is the case of the petitioner that when he wanted to sell the said land and submitted the document for registration, the 4th respondent is insisting for 'no objection certificate' from respondents 1 to 3 on the ground that the land is an assigned land.

(3.) EXCEPT the contention of the petitioner, there is no other material to show that the document is presented for registration. In that view of the matter and in view of the contention of the petitioner that the land was assigned in 1932 and there are series of registered transactions in respect of the said land, I deem it appropriate to dispose of the writ petition permitting the petitioner to submit the document i.e., sale deed with regard to the land covered by Sy.No.244-7, admeasuring Acs. 10.00 cents, situated at Kalyandurg Village and Mandal of Anantapur District, before the 4th respondent, in which event, the 4th respondent shall accept the same and consider it for registration without raising any objection on the ground that the said land was originally assigned land, provided the document is in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. It is also open for the petitioner to produce sufficient material before the registering authority, to show that the lands were assigned prior to issuance of G.O. Ms. No. 1142, Revenue, dated 18.6.1954.