KOMMINENI MOHAN NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus to declare the action of the respondents in refusing to register simple mortgage deed dated 11-9- 2012 in respect of the petitioners' agricultural lands to an extent of Ac.31-00 in Sy.Nos.2196/3, 2196/2, 2196-1, 2195/1A 1B, 2195-2A, 2195-2B, 2195-2C, 2195/2D, 2195/1/C1, 2195/1/C2, 2194-A, 2194/B, 2187-8A, 21987-8b, 2187-8c, 2187- 9, 2193-2, 2834-1A, 1B, 1C and 2834-4A, 4B, 4C, situated at Damalacheruvu Revenue village, Pakala village, Chittoor District, as illegal and arbitrary. The petitioners sought for a consequential direction to respondent No.2 to receive and register the simple mortgage deed in respect of the above mentioned property.

(2.) I have heard Sri P. Hemachandra, learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. Petitioner No.1 claims to be the absolute owner and possessor of Ac.26-33 cents of agricultural land in various survey numbers referred to above and petitioner No.2 claims to be the owner of Ac.15-60 cents in some of the said survey numbers and also in other survey numbers situated in the same village. The petitioners averred that they have purchased the said lands under registered sale deeds on different dates between 2003 and 2005 and that they have raised Mango orchards over the lands and also been raising dry crops. When respondent No.3 threatened to lay road over their lands, the petitioners filed W.P.No.22213/2009 wherein this court has granted a restraint order against the said respondent.

(3.) When the petitioners approached respondent No.2 for issuing valuation certificate in respect of the above mentioned lands for obtaining agricultural loan from the State Bank of Hyderabad, he has refused to issue the same on the ground that the lands are D.K.T. lands. Feeling aggrieved by the said refusal, the petitioners filed W.P.No.27344/2012. This Court disposed of the said Writ Petition by order dated 12-9-2012 whereby while permitting the petitioners to make a fresh representation for issuance of valuation certificate for the purpose of payment of registration fee and stamp duty, a direction was also given to respondent No.2 to consider the petitioners' request and furnish the necessary information. After disposal of the said Writ Petition, the petitioners approached respondent No.2 for issuance of the valuation certificate and the said respondent has accordingly issued the same. Based on the said valuation certificate, the petitioners executed a simple mortgage deed in favour of the Bank and sought to present the same for registration. Respondent No.2 has however refused to receive the said document on the ground that the lands covered thereby are assigned lands, included in the list of prohibited properties. Aggrieved by the said action of respondent No.2, the petitioners filed the present Writ Petition.