MALLARAM GOVINDAMMA Vs. DISTRICT COLLECTOR CHITTOOR

JUDGEMENT

(1.) The petition was filed by the petitioners, two in number, questioning the action of the 3rd respondent in not registering the sale deeds executed by them in favour of one Sridhar Kumar or his nominees under the guise that the Collector and Joint Collector gave certain instructions not to register any transaction affecting the Government lands. This writ petition was filed on 24-4-1995, and thereafter, I granted several adjournments to the Government Pleader to file the counter affidavits on behalf of respondents 1 and 2 viz., District Collector and Jomt Collector,Chittor.My efforts to get the information from these two Officers with regard to the state of affairs relating to these lands in question did not yield fruitful results. At the same time, the Sub Registrar, 3rd respondent filed his counter wherein he categorically stated that the Government issued instructions in Memo No. 1608/U2/87-1 Revenue (U) Department, dated 22-5-1987 not to register any transaction affecting Government lands and as the list furnished by the Mandal Revenue Officer, Tirupati, shows the lands in question held as Government lands, he did not register the sale deeds executed by the petitioners. From the averments made in me affidavit filed in support of the writ petition, it is seen that an extent of 91 cents in Survey No. 246/1 and another extent of 2.00 acres in Survey No.246/2 are situated in Vedantapuram Estate. After the estate was abolished in the survey operations conducted by the Government, while the first petitioner was given ryotwari patta for 91 cents in Survey No. 246/1, the mother-in-law of the 2nd petitioner was given patta to an extent of 2.00 acres in survey No. 246/2 by the Additional Assistant Settlement Officer by his orders dated 12.09.1974 and 31-8-1974 respectively pursuant to these orders, the necessary entries were made in the revenue records implementing the orders of me Additional Assistant Settlement Officer. Thereafter, the petitioners were also given Pass Books under A.P, Record of Rights Act, 1971. Since men the petitioners were in possession and enjoyment of me lands by paying the necessary taxes, cesses etc., to me Government from time to time.

(2.) Both the petitioners having decided to sell the lands for family necessity, entered into agreement with one D. Sridhar Kumar on 4-2-1995 to sell the lands in question and for consideration mentioned in the agreement of sale and two months thereafter when they tried to execute regular sale deeds for conveying the property to Sridhar Kumar or his nominees, the Sub Registrar, Tirupathi refused to register the sale deeds for the aforesaid reasons.

(3.) In the counter filed by the Sub Registrar, it was stated that the Government issued a Memo dated 22-5-1987 not to register any transaction affecting the Government lands. Admittedly, as mis memo issued by the Government is applicable to the Government lands all over the State and for implementing these orders, the Revenue Authorities are expected to conduct an enquiry and identify me lands belonging to the Government. It is needless to observe that in the course of conducting the enquiry, the persons that are going to be affected by any orders passed by these Officers are entitled for show cause notice to put forth their pleas and then only the officer concerned can pass appropriate orders whether the lands belong to the Government or private individuals and serve a copy of the same to the concerned person so that he may carry the matter in appeal, if he is aggrieved by the order. Admittedly, in this case, no enquiry was conducted before the Mandal Revenue Officer, informing the 3rdr espondent that the land in question is a Government land.