B. TIRUPATHI RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner firm seeks a mandamus declaring the action of respondents 2 to 4 in including the land of Ac. 36.66 cents out of Ac. 37.83 cents in Sy. No. 726 of Mamillapalli Village Fields, Chintakommadinne Mandal, YSR District in the prohibitory list under Sec. 22A(1)(a) of the Registration Act, 1908 showing it as a Forest land and consequential action of 8th respondent in refusing to register and release the Sale Deeds dtd. 20/7/2020 vide letter No. NIL/PROH/DOT dtd. 31/8/2021 as arbitrary, illegal and consequentially direct the respondents to delete the aforesaid property from the prohibitory list and release the Sale Deeds dtd. 20/7/2020.

(2.) The petitioner's case succinctly is thus:

(3.) Counter filed by the Revenue Department through 4th respondent more or less supports the petitioner's case. It is pleaded that as per the Re-survey and Re-settlement Register (RSR) of Mamillapalli Revenue village, which was prepared in the year 1910, the Sy. No. 726 to an extent of Ac. 39.80 cents was classified as "Government Poramboke" and in column 16 i.e., remarks column it is noted as "forest". However, as per the extracts of the old Survey and Settlement Register of Mamillapalli Revenue village, which was prepared prior to the Re-survey and Re-settlement Register i.e., in the year 1874, the old Survey No. 716/14 (subsequently changed as Sy. No. 726 in the Re-Settlement Register) to an extent of Ac. 37.83 cents was noted in the names of Machineni Subbarayudu and three others and it was shown as patta land. However, in the Re-survey and Re-settlement operations held in 1910, the subject land, for the reasons not known, shown as "Government Poramboke" along with another extent of Ac. 1.97 cents. Old survey number was renumbered as Sy. No. 726.