Heard learned counsel for the petitioner and the Government Pleader for Revenue.

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’).

The case of petitioner is that the subject property was and is the private property of individuals and the same is covered by sale agreement dated 08.03.2015. The petitioner intends to purchase the property. The Sub-Registrar/2nd respondent has refused to entertain the document for registration on the ground that Survey No.162/2(part) is recorded as Gramakantam. The further objection of 2nd respondent in this behalf is Gramakantam is Government property and the property is included in the prohibitory list maintained under Section 22-A of the Act. The inclusion of Gramakantam lands in prohibitory list is in terms of G.O.Ms.No.100 Revenue (Assn.I) Department dated 22.02.2014. Through G.O.Ms.No.56 Revenue (Assn.I) Department dated 16.02.2015, the orders issued in G.O.Ms.No.100 Revenue (Assn.I) dated 22.02.2014 are cancelled. The effect of cancellation is that either the Tahsildar or the Sub-Registrar, on the ground that a particular survey number is classified as Gramakantam, shall not refuse to receive a document for registration.

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.

Likewise, Section 3(ii) of the Survey and Boundaries Act, 1923 defines Government land, to mean - any land not forming an estate or portion thereof.

Section 3(i) defines estate to mean –

(a) any permanently settled estate whether a zamindari jaghir, mitta or palaiyam;

(b) any portion of such permanently settled estate which has been separately registered in the office of the Collector;

(c) any unsettled palaiyam or jaghir;

(d) any inam village of which the grant was made or has been confirmed by the British Government;

(e) any portion, consisting of one or more village’s of any of the estates specified above in clauses (a)(b) and (c), which is held on a permanent under tenure.

The Gramakantam land is not included in the above two definitions. The word ‘Grama Kantam’ (Telugu) and ‘Grama Natham’ (Tamil) are used in revenue records in Andhra Area which were part of composite Madras State. Both in the estate villages and ryotwari villages i.e., villages controlled by the Government, houses, huts etc., were constructed on the land specially earmarked for the said purpose. Most of these lands are in occupation of private individuals. Grama Kantam, according to P.Ramanatha Aiyar’s Law Lexicon, means ‘a part of ground in a village for building huts upon.’ Grama Natham (Tamil) as ‘ground set apart on which a house of a village may be built’.

The express