THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

W.P.No.24428 of 2008

19-03-2009

The Cosmopolitan Cooperative Housing Society Limited, A Society, registered under A.P. Cooperative Societies Act,

1964, Regd. No. TB-154, Haivng Regd. Office at Mansoorabad Village in sy.No. 16 and 17 Saroornagar, Mandal, Ranga Reddy District, Rep. by its Secretary and another

State of Andhra Pradesh, Rep. by its District Collector, Ranga Reddy District, at Lakdikapool, Hyderabad and others

Counsel for the Petitioners:MR.B.VENKAT RAMA RAO

Counsel for Respondent Nos.1 to 4: GP FOR REVENUE

Counsel for Respondent No.5: MR. R. RAMACHANDRA REDDY

:ORDER:

The petitioner is, Cosmopolitan Cooperative Housing Society. It acquired the lands in Sy.Nos.16 and 17 of Mansoorabad Village, Saroornagar Mandal, Ranga Reddy District, admeasuring Ac.08-37 gts. Several documents are required to be executed by it in favour of its members and they, in turn, are presented before the fourth respondent--Sub-Registrar, Saroornagar, Ranga Reddy District, for registration. On the ground that the lands in Sy.Nos.16 and 17, as mentioned in the Basic Market Value Register and other Government records, belonged to the Government, the fourth respondent has been refusing to entertain the documents. On earlier occasion, the petitioners approached this Court by filing W.P.No.6684 of 2007 and this Court disposed of the same by directing the Sub-Registrar, Saroornagar, Ranga Reddy District, to process the documents and take necessary steps within two weeks. It was also mentioned that in case there exists any reasons for refusing registration, he shall communicate the same in writing to the petitioners, within two weeks from the date of presentation of the document. With a view to put an end to this controversy, the petitioners approached the District Collector, Ranga Reddy, the first respondent herein, to issue No- objection Certificate. They placed reliance upon the judgment and decree passed by the Court of IV Additional Senior Civil Judge (Fast Track Court), Ranga Reddy District in O.S.No.294 of 2000, which was filed for the relief of declaration of title in respect of the very same property and that the District Collector and the Mandal Revenue Officer were impleaded therein as defendants 1 and 2. The petitioners have insisted that in view of the decree passed in O.S.No.294 of 2000, the entries in the revenue records need to be altered and a No-objection Certificate be issued to them, so that the fourth respondent would not raise any objection for entertaining and processing the documents produced by the petitioners. The grievance of the petitioners is that the first respondent has not taken any steps so far.

The fourth respondent filed counter-affidavit stating that the document on which, reliance has been placed by the petitioners, is not submitted before him for registration.

Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue.

It is, no doubt, true that if one goes by the entries that are existing in the revenue records in relation to the lands in Sy.Nos.16 and 17, the prohibition contained under Section 22-A of the Registration Act, 1908 etc., would get attracted. An important aspect, to be taken note of in this case, is that the petitioners have availed the effective remedy by filing a suit for declaration of title vis--vis the land. The trial Court discussed the matter at length and on a consideration of oral and documentary evidence, decreed the suit, declaring the title and possession of the petitioners over the land. It hardly needs any mention that the entries in the revenue records do not confer title by themselves nor can they take away the title, if it otherwise exists, Section 8(2) of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 also makes it abundantly clear that any amendments made in the record of rights would be subject to adjudication by a civil Court. A comprehensive suit for declaration of title and perpetual injunction was filed impleading the District Collector and the Mandal Revenue Officer. The suit was decreed on merits and it is alleged that no appeal was preferred against it. In that view of the matter, there cannot be any objection for entertaining the document for registration and it would not be necessary for the petitioners to file No-objection Certificate from the revenue authorities. The Writ Petition is, accordingly, allowed, and it is directed that respondents 3 and 4 shall take into account, the decree passed by the Court of IV Additional Senior Civil Judge (Fast Track Court), Ranga Reddy District dated 04.04.2006 in O.S.No.294 of 2000 and process the documents, which are presented for transfer of property, which is the subject matter in that suit and shall not insist on production of No-objection Certificate from the revenue authorities. No order as