N PULLA REDDY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition is filed for a Mandamus to declare the action of respondent No. 5 in not receiving and registering the document of sale sought to be presented by the petitioner in respect of 0.50 cents of land in Sy. No. 521/2 of B.K. Palle Village, Madanapalle Mandal, Chittoor District, as illegal and arbitrary. The petitioner claims to be the owner of the above-mentioned land. He has executed a sale deed in favour of the third party and when he presented the same for registration, respondent No. 5 has not received the same on the ground that, according to the instructions issued by respondent No. 2, the property belongs to the Government. Feeling aggrieved by the same, the petitioner filed W.P. No. 3621 of 2012. This Court disposed of the said writ petition by order dated 13.02.2012 by permitting the petitioner to make a representation to respondent No. 2 with a request to delete the land from the list of Government lands. Respondent No. 2 was directed to verify the record and pass appropriate order within two weeks from the date of the petitioner's application. It was further directed that if it comes out after enquiry that the land does not belong to the Government, respondent No. 5 was directed to receive the document and process the same in accordance with law. Purporting to follow the said order, respondent No. 2 has passed order dated 17.04.2012, whereby he has held that the land in Sy. No. 521/2 was derived from the original Sy. No. 68, which is classified as Kunta Poramboke and that hence the same is Government land, but not the patta land and the same has been notified under clause (c) of Subsection 1 of Section 4 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. Along with the writ petition, the petitioner has filed a copy of the remarks submitted by respondent No. 4 in ROC. (D.T.) 525/2012, dated 05.04.2012. In Para I and II of his remarks, respondent No. 4 stated as under:

(2.) Even though respondent No. 2 has referred to the above-mentioned report of respondent No. 4 in reference 4 cited in the impugned order, interestingly he has kept the column relating to DKT number and date blank.

(3.) In my opinion, respondent No. 2 has not acted in fairness in considering the petitioner's case. As per the said report of respondent No. 4 as extracted above, the land was initially assigned in the year 1931 to Sri Mondipedda Chenganna and that several registered sale transactions have taken place subsequently. It is not in dispute that till G.O.Ms. No. 1142, dated 18.06.1954, was issued by the State Government in respect of Andhra area, there was no prohibition of transfer of assigned lands in that area. The respondents have not produced any DKT patta in this case. Even in the absence of such patta, having regard to the admitted legal position that the pattas granted prior to 18.06.1954 did not contain any prohibition on alienation, I do not find any justification for respondent No. 2 to include the above-mentioned land in the prohibitory list. Accordingly, the impugned proceedings are set aside. Respondent No. 5 is directed to receive the sale deed that may be presented by the petitioner in respect of the land admeasuring 0.50 cents or part thereof comprised in Sy. No. 521/2 of B.K. Palle Village of Madanapalle Mandal, Chittoor District, and register the same subject to the petitioner complying with the statutory requirements under the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899.