REGISTRATION OF DOCUMENT- unless a statutory notification was published prohibiting registration of the documents pertaining to the land in question, the Joint Sub-Registrar-I, ought not to have refused to comply with the request of the civil Court. As evidently, no such statutory notification has been issued in respect of the land in question, respondent No.1 is directed to furnish the information as sought by the learned Principal Junior Civil Judge, Proddatur, in his letter in Dis.No.403, dated 10.09.2012, and receive the document that may be sent by the civil Court for registration without feeling bound by the purported prohibitory list, dated 17.02.2010, communicated by the District Collector, Kadapa.

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY

 

WRIT PETITION No.4501 of 2013

 

Date:22.02.2013

 

Between:

Mallela Seshamma and

two others.

..... Petitioners

And:

The Sub-Registrar,

Proddatur, Kadapa District

and two others.

.....Respondents

Counsel for the Petitioners: Smt V.Sujatha

Counsel for the Respondents: AGP for Revenue

The Court made the following:
ORDER:

         

          This Writ Petition is filed for a Mandamus to set aside letter No.NIL/2012, dated 17.09.2012, addressed by the Joint Sub-Registrar-I, Office of the District Registrar, Proddatur, to the learned Principal Junior Civil Judge, Proddatur.

          I have heard learned counsel for the parties and perused the record.

          The dispute pertains to an extent of Acs.3-04 cents of land in Survey No.344/1 of Bollavaram Village, Proddatur Mandal, Kadapa District. In connection therewith, the husband of petitioner No.1 filed O.S.No.289 of 2009 in the Court of the learned Principal Junior Civil Judge, Proddatur, for passing a decree directing the legal heirs of late Desu Chenna Reddy to execute rectification deed. The said suit was decreed ex parte on 06.10.2010. After the expiry of the decree-holder, the petitioners have filed E.P.No.51 of 2011 and in the said E.P., the executing Court addressed letter, dated 10.09.2012, to the Joint Sub-Registrar-I for furnishing the Valuation Certificate and the stamp duty payable on the rectification deed. In reply thereto, the Joint Sub-Registrar-I has addressed the impugned letter, wherein he has informed that the land in question is included in the prohibitory list, dated 17.02.2010, maintained under Section       22-A (1) (a) and (b) of the Registration Act, 1908, and communicated by the District Collector, Kadapa and that the said land is classified as “Mines Poramboke”.

          At the hearing, it is not disputed that this Court, on a detailed consideration of the various aspects, issued extensive directions by common judgment, dated 31.12.2012, in W.P.No.30526 of 2012 and batch as to the manner in which the Registering Officers in the State are required to treat the documents presented to them for registration.

          This Court has also considered the legal effect of inclusion of any land in the prohibitory list and held that unless a notification under Section 22-A (2) of the Act was published, the inclusion of the properties in the list prepared by the revenue officials does not deter the Registering Officer from registering the document if he is satisfied that the document which is sought to be registered does not fall in any of the sub-clauses of Section 22-A (1) of the Act.

          In the instant case, the only ground on which the Joint Sub-Registrar-I has declined to issue Valuation Certificate and inform the stamp duty payable to the civil Court is that the land in question was included in the prohibitory list, dated 17.02.2010, communicated by the District Collector, Kadapa.

          In the light of the judgment of this Court referred to above, unless a statutory notification was published prohibiting registration of the documents pertaining to the land in question, the Joint Sub-Registrar-I, ought not to have refused to comply with the request of the civil Court.

          As evidently, no such statutory notification has been issued in respect of the land in question, respondent No.1 is directed to furnish the information as sought by the learned Principal Junior Civil Judge, Proddatur, in his letter in Dis.No.403, dated 10.09.2012, and receive the document that may be sent by the civil Court for registration without feeling bound by the purported prohibitory list, dated 17.02.2010, communicated by the District Collector, Kadapa.

          The Writ Petition is, accordingly, allowed to the extent indicated above.

As a sequel to disposal of the Writ Petition, W.P.M.P.No.5023 of 2013 filed by the petitioner for interim relief is disposed of as infructuous.

          ____________________________

                                                JUSTICE C.V.NAGARJUNA REDDY

22^nd February 2013

DR