HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.33825 OF 2017
Date: 11.10.2017
Between:
Kuthuru Chinna Venkata subbaiah @ K C Venkatasubbaiah,
S/o. Chinna Pullaiah, Aged 46 years, Occu: Business,
R/o. Door No.7/25, T.B.Road, Proddatur town and mandal,
Kadapa district and another.
…..Petitioners
and
The State of A.P., rep.by its Principal Secretary,
Revenue Department, AP Secretariat, Velagapudi,
Guntur district, A.P. state and others.
…..Respondents
The Court made the following:
PNR,J
W.P.No.33825 of 2017
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.33825 OF 2017
ORDER:
This writ petition is filed praying to grant the following relief:
“to issue writ order or direction more particularly
one in the nature of writ of Mandamus declaring the
action of the Respondents 3 & 4 in registering the
documents bearing No.12 of 2013 and 13 of 2013 and the
documents generated through the Sale deed document
No.12 of 2013 bearing Nos.4497 to 4521 of 2017, 4459 to
4557 of 2017 and 4567 of 2017 in Sy.No.57, total extent of
Ac.4-39 cents or 1.777 hectors situated at Modemeedipalli
village, Kothapalle Panchayati, Proddatur Mandal, Kadapa
District, bounded by East: Land sold to Akula Subbanna
and Rama Chandra Reddy, West: Land of M.Thirupal
Reddy, North: Land of Nandaiah and South: Land of Akula
Subbanna is illegal, arbitrary, and in violation of Article
14, 16, 21 and 300-A of the Constitution of India and
consequently set aside the same null and void, and pass
such order or orders the Hon’ble Court deems fit and
proper.”
2. A bare perusal of the record would disclose that two
documents bearing Nos.12 and 13 of 2013 were registered and
based on the said documents, further deeds of conveyance were
registered. According to the petitioners, Muddarla Narayana sold
the land to an extent of Ac.3.49 cents in Sy.No.57 of
Modemeedipalli village, Kothapalle Panchayat, Kadapa district, to
the petitioners and they are in possession and enjoyment of the
same. According to the petitioners, Muddarla Narayana succeeded
to the said property and, therefore, his title was validly passed on
to the petitioners. While so, by relying on illegal sale transactions
made in the year 2013, respondents carrying on further sale
PNR,J
W.P.No.33825 of 2017
3
transactions. Aggrieved thereby, petitioners complained to the
Sub-Registrar as well as District Registrar and requested not to
entertain the deeds of conveyance in the said properties. The
averments made in the affidavit filed in support of the writ petition
also disclose that petitioners filed O.S.No.34 of 2017 in the Court
of II Additional District Judge, Kadapa praying to grant perpetual
injunction against defendants therein. Petitioners also filed
I.A.No.890 of 2017 praying to grant interim injunction. In the said
I.A., notice was ordered and suit is pending. In these
circumstances, this writ petition is filed for the prayer noted above.
3. The facts as briefly noted above would disclose that on a
dispute between the petitioners and unofficial respondents and
others, petitioners filed O.S.No.34 of 2017 and the said suit is
pending consideration. The registering authorities have to process
deeds of conveyance or any other document presented for
registration, which is compulsorily registerable under Section 17 of
the Indian Registration Act, 1908. In accordance with the
provisions contained in the Registration Act and Rules made there
under, once a document is presented before him by duly complying
with all the statutory requirements, as per the provisions of the Act
and Rules made there under, he cannot refuse to register the
document. Furthermore, registering authority has no competence
to go into the merits of the ownership claims of the individuals and
enter into disputed questions. Furthermore, as registering
authority is required to act strictly in accordance with the
provisions of the Registration Act and Rules made there under, no
mandate can be issued to the registering authority not to entertain
any deed of conveyance presented before him. Since petitioners
PNR,J
W.P.No.33825 of 2017
4
have already filed the suit against some of the respondents herein
praying to divide the entire schedule property into two shares of
Ac.2.00 and Ac.2.39 cents with specific meets and bounds and
allot Ac.2.00 to the plaintiff with exclusive rights, deliver the
possession of the plaintiff’s allotted share, on their failure to order
to deliver possession through Court of law, leaving it open to the
petitioners to prosecute the pending suit and IA/IAs filed / may be
filed, writ petition is dismissed.
Miscellaneous petitions, if any, pending in this writ petition
shall stand closed. There shall be no order as to costs.
___________________________
JUSTICE P.NAVEEN RAO
Date: 11.10.2017
kkm
PNR,J
W.P.No.33825 of 2017
5
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.33825 of 2017
Date: 11.10.2017
kkm
WRIT PETITION NO.33825 OF 2017
Date: 11.10.2017
Between:
Kuthuru Chinna Venkata subbaiah @ K C Venkatasubbaiah,
S/o. Chinna Pullaiah, Aged 46 years, Occu: Business,
R/o. Door No.7/25, T.B.Road, Proddatur town and mandal,
Kadapa district and another.
…..Petitioners
and
The State of A.P., rep.by its Principal Secretary,
Revenue Department, AP Secretariat, Velagapudi,
Guntur district, A.P. state and others.
…..Respondents
The Court made the following:
PNR,J
W.P.No.33825 of 2017
2
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.33825 OF 2017
ORDER:
This writ petition is filed praying to grant the following relief:
“to issue writ order or direction more particularly
one in the nature of writ of Mandamus declaring the
action of the Respondents 3 & 4 in registering the
documents bearing No.12 of 2013 and 13 of 2013 and the
documents generated through the Sale deed document
No.12 of 2013 bearing Nos.4497 to 4521 of 2017, 4459 to
4557 of 2017 and 4567 of 2017 in Sy.No.57, total extent of
Ac.4-39 cents or 1.777 hectors situated at Modemeedipalli
village, Kothapalle Panchayati, Proddatur Mandal, Kadapa
District, bounded by East: Land sold to Akula Subbanna
and Rama Chandra Reddy, West: Land of M.Thirupal
Reddy, North: Land of Nandaiah and South: Land of Akula
Subbanna is illegal, arbitrary, and in violation of Article
14, 16, 21 and 300-A of the Constitution of India and
consequently set aside the same null and void, and pass
such order or orders the Hon’ble Court deems fit and
proper.”
2. A bare perusal of the record would disclose that two
documents bearing Nos.12 and 13 of 2013 were registered and
based on the said documents, further deeds of conveyance were
registered. According to the petitioners, Muddarla Narayana sold
the land to an extent of Ac.3.49 cents in Sy.No.57 of
Modemeedipalli village, Kothapalle Panchayat, Kadapa district, to
the petitioners and they are in possession and enjoyment of the
same. According to the petitioners, Muddarla Narayana succeeded
to the said property and, therefore, his title was validly passed on
to the petitioners. While so, by relying on illegal sale transactions
made in the year 2013, respondents carrying on further sale
PNR,J
W.P.No.33825 of 2017
3
transactions. Aggrieved thereby, petitioners complained to the
Sub-Registrar as well as District Registrar and requested not to
entertain the deeds of conveyance in the said properties. The
averments made in the affidavit filed in support of the writ petition
also disclose that petitioners filed O.S.No.34 of 2017 in the Court
of II Additional District Judge, Kadapa praying to grant perpetual
injunction against defendants therein. Petitioners also filed
I.A.No.890 of 2017 praying to grant interim injunction. In the said
I.A., notice was ordered and suit is pending. In these
circumstances, this writ petition is filed for the prayer noted above.
3. The facts as briefly noted above would disclose that on a
dispute between the petitioners and unofficial respondents and
others, petitioners filed O.S.No.34 of 2017 and the said suit is
pending consideration. The registering authorities have to process
deeds of conveyance or any other document presented for
registration, which is compulsorily registerable under Section 17 of
the Indian Registration Act, 1908. In accordance with the
provisions contained in the Registration Act and Rules made there
under, once a document is presented before him by duly complying
with all the statutory requirements, as per the provisions of the Act
and Rules made there under, he cannot refuse to register the
document. Furthermore, registering authority has no competence
to go into the merits of the ownership claims of the individuals and
enter into disputed questions. Furthermore, as registering
authority is required to act strictly in accordance with the
provisions of the Registration Act and Rules made there under, no
mandate can be issued to the registering authority not to entertain
any deed of conveyance presented before him. Since petitioners
PNR,J
W.P.No.33825 of 2017
4
have already filed the suit against some of the respondents herein
praying to divide the entire schedule property into two shares of
Ac.2.00 and Ac.2.39 cents with specific meets and bounds and
allot Ac.2.00 to the plaintiff with exclusive rights, deliver the
possession of the plaintiff’s allotted share, on their failure to order
to deliver possession through Court of law, leaving it open to the
petitioners to prosecute the pending suit and IA/IAs filed / may be
filed, writ petition is dismissed.
Miscellaneous petitions, if any, pending in this writ petition
shall stand closed. There shall be no order as to costs.
___________________________
JUSTICE P.NAVEEN RAO
Date: 11.10.2017
kkm
PNR,J
W.P.No.33825 of 2017
5
HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.33825 of 2017
Date: 11.10.2017
kkm
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