Parasa Nagamalleswararao v. Sub-Registrar, Eluru, West Godavari District
2013-02-12
C.V.NAGARJUNA REDDY
body2013
DigiLaw.ai
Order: 1. These writ petitions have been filed feeling aggrieved by the action of respondent No.1 in not receiving the sale deeds sought to be presented by the petitioners for registration on the ground that the lands in question are assigned lands. 2. A perusal of the record clinchingly establishes that the lands which were originally assigned were sold towards recovery of dues to Co-operative societies and sale certificates to that effect were issued. 3. A Division Bench of this Court in Sub-Registrar, Srikalahasti, Chittoor District v. K. Guravaiah, 2009 (2) ALD 250 (DB), held that once the assigned lands are sold in public auction for recovery of dues to co-operative Societies, such lands cease to be assigned lands within the meaning of Section 2(1) of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, and that there can be no restriction on the subsequent sales of such lands. 4. For the above mentioned reasons, there is no justification for respondent No.1 in both these cases not to receive and register the documents sought to be presented by the petitioners. 5. Accordingly, respondent No.1 in both these cases is directed to receive the documents that may be presented by the petitioners and register the same subject to the latter complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. 6. It is unfortunate that the Registering Officers in the State have not been following the above noted binding precedent and forcing the parties to the sale deeds to approach this Court for securing orders in each individual case. This approach of the Registering Offices in the State is deplorable, to say the least. 7. When a ratio has been laid down by a Constitutional Court, the same binds everyone in the State and the executive is no exception to this. As this instances of refusal to receive the documents for registration of such assigned lands have been on the rise, it is not only expedient but also appropriate that a direction of general nature is issued to all the Registering Officers in the State no to refuse to receive and register the documents in respect of the assigned lands which are sold in public auctions for recovery of Co-operative Society’s dues.
If such refusal comes to the notice of this Court, the same will be treated whether the Registering Officers are parties to these writ petitions or not. 8. The Principal Secretary, Revenue (Stamps and Registration) Department, shall circulate a copy of this Order to all the Registering Officers in the State. 9. Subject to the above directions and observations, the writ petitions are allowed.