SAGADAPU VIJAYA Vs. THE STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the Government Pleader for Revenue.

(2.) THE petitioner prays for Mandamus declaring the action of 2nd respondent in not receiving and registering the document presented for registration in respect of terraced house and tiled house property bearing Dr. No. 58 -80, Municipal Assessment No. 1092005419, in Survey No. 162/2 (part), Salur Village and Municipality, Vizianagaram District, as illegal and contrary to the provisions of the Registration Act,1908 (for short the Act).

(3.) THE petitioner is compelled to approach this Hon'ble Court complaining against refusal to receive or inclusion of Gramakantam land in prohibitory list on the strength of executive orders or communication from the Revenue Department to Sub -Registrar. The effect of executive order or the communication from Revenue Department is prima faice presumptuous and not in line with the applicable statutes. The inclusion of village site/Gramakantam in prohibitory list is on the strength of Resettlement Register (RSR) or other revenue records. The RSR was prepared after conducting settlement operations under Board Standing Order -I. A close scrutiny of the RSR would disclose that Column No. 4 deals with Government or inam. The purpose of furnishing details under column 4 of RSR is to identify where the lands are situated. G means part of Government village and Government levied land revenue. On the other hand, inam means the land was covered by estate tenures. So the details in column 4 of RSR cannot be treated as conclusion ownership of Government on Gramakantan lands.