ARAVA NARAYANA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioners claim to be the owners of lands to an extent of Ac. 5.03 cents in Survey No. 906/1, Ac. 5.00 cents in Survey No. 906/2, Ac. 3.45 cents in Survey No. 907/1 and Ac. 5.00 cents in Survey No. 907/2 respectively of Peddapalle Village, Siddavatam Mandal, YSR Cuddapah District. The case of the petitioners is that these lands were originally assigned to Sri Rayavaram Kondaiah, Sri Rayavaram Pala Kondaiah, Sri Rayavaram Subbanna and Sri Rayavaram Yellaiah. The assignees mortgaged the land with the State Bank of India and obtained loans. Since assignees did not pay the loans due to the bank, the bank proceeded against them and ultimately resulted in the Munsif Magistrate Court at Siddhout, conducting auction on 10.08.1984. Smt. Arava Venkata Laxmamma, Smt. Konga Subbamma, Sri Arava Narayana Reddy and Sri Konga Subba Reddy have purchased the above said lands in the Court auction. Accordingly, Sale Certificates were issued to them and the same were registered with the concerned registering authority. When those purchasers were not permitted to sell the lands, they appealed to the Government. The Government passed orders in Memo No. 28798/Asn.IV(1)/92 -2 and Memo No. 28795/Asn.4(1)/92 -2 Revenue (ASN.4), dated 28.05.1992, in respect of Rayavaram Pala Kondaiah, Rayavaram Subbanna and Rayavaram Kondaiah respectively permitting them to sell the lands. Petitioners 2 to 4 have purchased the lands from those persons and documents were also registered. The first petitioner, who purchased the land in the Court auction continues to hold the land. The petitioners intend to dispose of the properties which are in their possession and enjoyment and when the petitioners approached the Sub -Registrar, Siddavatam Mandal, YSR Cuddapah District (4th respondent), the Sub -Registrar returned the Deeds of Conveyance on the ground that in the list of prohibited properties furnished by the revenue authorities, these lands are classified as Government lands and, therefore, cannot be processed for alienation. Aggrieved thereby, the petitioners instituted this writ petition.

(2.) LEARNED counsel for the petitioners submits that even though the land was originally assigned, the assignees were entitled to mortgage the lands with the bank to obtain loans and in case the assignee does not pay the loan, the bank is entitled to sell the properties to recoup the amount of loan due. Accordingly, these properties were sold in the Court auction and the vendors of petitioners 2 to 4 have purchased the properties in the Court auction. Similarly, the first petitioner purchased the land in the Court auction. Consequent to the purchase of the lands by the vendors of petitioners 2 to 4 and the first petitioner, the purchasers have become the owners of the lands and all rights to enjoy the property as private land vests in them. Therefore, the description of the land as Government land/assigned land and prohibiting alienation of the properties is ex facie illegal and amounts to arbitrary exercise of power.

(3.) ON instructions, the learned Assistant Government Pleader submits that in the R.S.R of the Village, the land is classified as 'Assigned Waste'. However, the revenue authorities agree that in the Adangal copy, there is correct description of the present owners of the property and also admit of the possession and enjoyment of these persons. Learned Assistant Government Pleader further submits that as per the revenue records, the land is classified as 'Assigned Waste' showing the dots in R.S.R and, therefore, the land is shown in the prohibitory list furnished by the Sub -Registrar.