THE HON’BLE SRI JUSTICE M.

SATYANARAYANA MURTHY

WRIT PETITON NO.1296 of 2020

ORDER:

This petition is filed under Article 226 of the Constitution of India to

issue a Writ of Mandamus, questioning the action of respondents 1 to 6 in

trying to notify under Section 22(A)(1)(a) of the Registration Act of

petitioner’s land of an extent of Ac.3.60 cents in R.S.No.29/2 of Kadiyapu

Savaram Village, Kadiam Mandal, East Godavari District without following

procedure, without issuing notice and ignoring the orders of this Court in

W.P.No.22037 of 2008, declare the same as illegal, arbitrary and violative

of rules made there under, and consequently direct the respondents 1 to

6 not to interfere with the petitioner’s possession and enjoyment of the

said land.

The specific case of petitioner is that an extent of Ac.3.60 cents in

R.S.No.29/2 of Kadiyapu Savaram Village, Kadiam Mandal, East Godavari

District is originally belonged to Satyavolu Seshagiri Rao, the

7th respondent herein, his name was mutated in the revenue records and

he is in possession and enjoyment of the said land. When there was a

proposal to acquire a piece of land in the said survey number 29/2V apart

from other lands of said Seshagiri Rao, the said Seshagiri Rao approached

the Court by filing W.P.No.22037 of 2008, in the said writ petition a

direction was issued to the effect that “The petitioner states that on two

earlier occasions, some of his lands were acquired for public purposes and

whatever was left out is sought to be acquired now. There shall be interim

stay, as prayed for.”

While the matter stood thus, the civil dispute between

7th respondent and T.Sarveswara Rao in O.S.No.409 of 2015 on the file of

I Additional Junior Civil Judge at Rajamahendravaram was ended in

compromise in Lok Adalat case Case No.2892/2019, dated 30-12-2019

whereunder the said T.Sarveswara Rao and the 7th respondent herein sold

the property i.e., an extent of Ac.3.60 cents to the petitioner herein for

valuable consideration in terms of compromise. Thereafter, the petitioner

visited the office of 4th respondent, he came to know the land in an extent

of Ac.3.60 cents is proposed to notify in the prohibitory list under Section

22(A)(1)(a) of the Registration Act and this petitioner waited for orders of

the 2nd respondent on this issue. Hence, the proposal to include the

subject property in prohibitory list under Section 22(A)(1)(a) of the

Registration Act is illegal, arbitrary and requested to issue necessary

direction as prayed for.

Learned Assistant Government Pleader for Stamps and Registration

supported the action of respondents while agreeing to follow procedure

for such inclusion of the land in prohibitory list under Section 22(A)(1)(a)

of the Registration Act.

Learned counsel for petitioner in support of his contention placed on

record, Annexure-I under Section 22(A)(1)(a) of the Registration Act

(Proforma for notification/Information of Prohibited Properties)

Agricultural Properties, duly signed by Village Revenue Officer,

Kadiapusavaram & Damireddypalli, Mandal Deputy Surveyor, Kadiam,

Mandal Revenue Inspector, Kadiam, Tahsildar, Kadiam and Sub-Collector,

Rajamahendravaram to establish that there was a proposal to include this

property in the prohibitory list.

In any view of the matter when the respondents intend to include

the property in the prohibitory list specific procedure is laid down in Full

Bench judgment of this Court in a case between Vinjamuri Rajagopalachari

v. State of Andhra Pradesh1, wherein it is held as follows:-

Where a notification as envisaged under sub- section (2) of Section 22-A of the Act is issued, the
Registering authority has no option except to refuse to register the document in view of the
prohibition contained in sub-section (3) thereof. However, in the absence of notification, even if
any communication is sent by the Revenue authorities claiming the land as belonging to the
Government, such a communication does not bind the Registering authority. The Registering
authority can, at best, consider whether any material in support of the claim of the Revenue
Department is available and take appropriate decision under Section 71 of the Act after considering
the material that may be submitted by the party presenting the document to substantiate his plea
that the land is a private land. In the absence of a notification, the Registering officer cannot refuse
to receive the document by elevating the status of the prohibitory lists sent by the Revenue
Department to that of statutory notifications issued under sub-section (2) of Section 22-A of the
Act. (emphasis supplied) 9.5 In this judgment (Raavi Satish and Others v. State of A.P and Others)
the learned Judge has extensively dealt with the properties in respect of which entries in Re-
Settlement Register (RSR) contain dots or describe such properties/lands as Assessed Waste Dry
(AWD) and so also the assigned lands and issued directions as to how registering authorities should
deal with the documents when presented for registration in respect of such properties. The learned
Judge has also dealt with the properties belonging to Religious, Charitable Endowments and Wakfs
falling under the A.P. Hindu Religious Institutions and Endowments Act, 1987, and Wakfs Act, 1995,
respectively and issued directions as to how to deal with the documents presented for registration
in respect of such properties. Issuance of notification under sub- section (2) of Section 22-A is held
to be mandatory and where a property is covered by the notification, it is observed that
registration of such a document can be refused by the Registering Authority.

But, without following such procedure the respondents proposed to include

the property in the prohibitory list under Section 22(A)(1)(a) of the

Registration Act. However, in view of submission of learned Assistant

Government Pleader for Stamps and Registration that the State will follow

the guidelines issued by the Full Bench judgment of this Court, there is no

need to issue any writ of mandamus, while permitting the respondents to

follow the procedure under law to include the subject land in the

prohibitory list under Section 22(A)(1)(a) of the Registration Act after

affording an opportunity to the petitioner before taking further action in

this regard.

1
2016 (1) ALT 550
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With the above direction, this writ petition is disposed of. There

shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any, in this Writ

Petition, shall stand closed.

_______________________________
JUSTICE M. SATYANARAYANA MURTHY
Date: 06-02-2020

IS
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THE HON’BLE SRI JUSTICE M. SATYANARAYANA MURTHY

WRIT PETITION No.1296 of 2020

IS