SYED MUNAF Vs. REVENUE DIVISIONAL OFFICER KADAPA

JUDGEMENT

(1.) The Petitioners complain of inaction on the part of the Sub-Registrar, T. Sundupalli, Kadapa District, Respondent 3, in registering the documents presented by them and in insisting upon production of a 'No Objection Certificate' from the revenue authorities. They seek a consequential direction to register and release the said documents without insisting on such certification by the revenue authorities.

(2.) Petitioner 1 claims title and possession over an extent of Ac.0.60 cents in Survey No. 364/lD of Pemmadapalle Village, Rayachoty Sub-Division, Kadapa District. He traces title to this property to a registered transaction dating back to the year 1950. Petitioners 2 to 12 claim to be the legal heirs of late Dada Sab who purchased an extent of Ac.0.85 cents in Survey No. 364/ 1C of Pemmadapalle Village, Rayachoty Sub-Division, Kadapa District, under a registered sale deed bearing Document No. 2387/1977 dated 21.7.1977. They also are in a position to trace the lineage of the title back to a registered transaction of the year 1933. The grievance of the Petitioners is that when they approached the registration authorities seeking to alienate their lands, they were informed that the same are Government lands and hence no document would be entertained for registration in respect thereof without the approval of the revenue authorities. Ergo, this writ petition.

(3.) The Tahsildar, Rayachoty Mandal, in the counter filed on behalf of himself and the Revenue Divisional Officer, Kadapa, admitted that the lands claimed by the Petitioners were subjected to alienations as stated by them dating back to several decades. It is their case that the Village Account R.S.R. of Pemmadapalle Village reflects that the land in Survey No. 364 is classified as Government land (Assessed Waste) and therefore the same has been included in the list of Government lands communicated to the registration authorities under Rc. No. A/386/2006 dated 24.11.2006. Reference is made to Rule 4 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 (for brevity, 'the Rules of 2007') in this regard.