P SRINIVASULU Vs. SUB REGISTRAR RENIGUNTA CHITOOR DISTRICT

JUDGEMENT

(1.) This writ petition is filed seeking direction by way of mandamus to declare the action of the first respondent in not registering and releasing the document presented by the first petitioner in relation to the land admeasuring Acs. 11.95 cents in Survey No.6 of Tukiwakam Village of Renigunta Mandal in Chittoor District basing on the letters in Rc. No.KGT-31/2007, dated 26.12.2007, Rc. No.N1/34576/2007, dated 11.12.2008 and Rc. No.N1/27520/2009 dated 19.04.2010 addressed by the respondents 3 and 5 as illegal and arbitrary, and contrary to the provisions of the Registration Act, 1908. The case of the petitioner is as under:

(2.) After death of his father on 02.7.1997, the first petitioner offered to sell the land to petitioners 2 to 5 and they have entered into agreements of sale dated 10.3.2010, 24.2.2011 and 25.1.2012. The petitioners 2 to 5 have paid substantial amounts to the first petitioner towards part consideration. When they have approached the first respondent - Sub-Registrar, Renigunta for registration of regular sale deeds, he informed them that the subject land is shown in the list of properties prohibited for registration, in view of the letter Rc.No.KGT-3/2007, dated 26.12.2007 addressed by the fifth respondent to the first respondent.

(3.) It is the case of the petitioners that the Trust was originally registered on 09.7.1898 vide document No.851 of 1898 and it was brought under Section 6(c)(1) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereafter, the Act 30 of 1987) on 13.4.1995 and the Trust was handed over to the Endowments Department on 09.12.1996. An Executive Officer was appointed to represent the Trust and in such representative capacity he has addressed letter dated 26.12.2007 to the first respondent not to allow any transaction in respect of the lands covered by Survey No.6 i.e., the Trust land. The petitioners contend that there is no valid reason for inclusion of subject land in the list of properties prohibited for registration as the father of the first petitioner purchased the subject land through registered sale deeds in 1981, 1983 and 1985. The remaining lands in Survey No.6 were sold to the third parties. There was unanimous resolution by the trustees authorizing the Life Trustee to execute the sale deeds in respect of the Trust land covered by Survey No.6 of Tukiwakam Village, Renigunta Mandal in Chittoor District and, therefore, the subject land does not belong to the Endowments Department so as to include the same in the list prohibiting registration under Section 22A of the Registration Act. Only such properties, which vest with the Trust as on the date of notification under Section 6 of the Act 30 of 1987, would be brought under Section 22-A of the Registration Act. By virtue of the sales effected during the years 1981, 1983 and 1985, the subject land is no longer the Trust property and without examining such facts, the respondents 3 and 5 arbitrarily and illegally included the private lands for prohibition of registration and accordingly issued the letters to the first respondent.