The District Collector is required to delete the Government lands assigned prior to 1954 from the purview of the provisions of section 22-A of the Registration Act, 1908, as per G.O.Ms.No.575, Revenue (Assign.I) Department dated 16.11.2018.

JUDGMENT

M Ganga Rao, J. - This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief/s:

"...to issue an appropriate Writ more in the nature of a Writ of Mandamus declaring the action of the 2nd respondent in including the lands of the petitioner in survey No.367 of Kolamuru Village, Rajamahendravaram, East Godavari District in the list of the Prohibitory lands under Section 22-A of the Registration Act, brushing aside the categorical recommendation of the Tahsildar, Rajamahendravaram Rural and which lands are recorded as Private lands for the last 87 years and the action of the Sub-Registrar in refusing to register the document presented before him, as being arbitrary, illegal and offending Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to delete the lands from list of Prohibitory lands under Section 22-A of Registration Act and to register the document as and when presented, in the interest of justice and issue such other Writ or order ..."

2. Heard learned counsel for the petitioner and learned Government Pleader for Registration and Stamps appearing for the respondents.

3. The case of the petitioner is that, he has purchased the land admeasuring 198 square yards forming part of survey No.367, situated at Kolamuru Village, Rajamahendravaram Rural Mandal of East Godavari District through registered sale deed documents bearing Nos.6215/2002, dated 10.12.2002 and 3210/2004 dated 14.05.2004 respectively registered in the office of the Sub- Registrar, Rajamahendravaram. Since then he has been in possession and enjoyment of the same. When he presented the sale deeds before the respondent No.6-Sub-Registrar for registration of the land in favour of buyers, he was informed that the land in survey No.367, Kolamuru Village is included in the prohibited property list maintained under Section 22-A of the Registration Act and there is prohibition for the registration of the land. Then the petitioner made a mee-seva application to the respondent No.2-District Collector for deletion of the subject property land from the prohibited property list. On his application the respondent No.5-Tahsildar submitted a report dated 06.08.2019 stating that, "the total of an extent of Ac 11.68 cents in survey No.367 of Kolamuru Village of Rajamahendravaram Rural Mandal is classified as "Government Poramboke" and mentioned as "Kankara Gutta Sthalam" in remarks column. Later the same total extent of Ac 11.68 cents in survey No.367 of Kolamuru Village of Rajamahendravaram Rural Mandal was re-classified as "Government Dry" and assigned to "Sri Chavali Rama Murthy Sastry" during the year, 1933 and the changes were incorporated in the A-Register as per East Godavari Collector's Kakinada vide R.Dis.2459/1933, dated 19.05.1933". The assignment of the land was made in the year 1933 as per G.O.Ms.No.575 Revenue (Assnt-I) Department, dated 16.11.2018, wherein the Government directed the revenue authorities to remove the lands which were assigned prior to the year 1954 from the prohibited properties list under Section 22-A of the Registration Act. Accordingly, the respondent No.5-Tahsildar vide Ref(B) 160/2019 dated 06.08.2019 recommended to remove the land to the total extent of Ac 11.68 cents in survey No.367 of Kolamuru Village of Rajamahendravaram Rural Mandal from the prohibited properties in Annexure-II under Section 22A(1)(b) of Registration Act, 1908.

4. Learned counsel for the petitioner submits that the respondent No.2-District Collector, without considering the report submitted by the respondent No.5-Tahsildar, issued an endorsement rejecting the petitioner's application by blindly referring to the proceedings E/2134/2019 dated 07.08.2019 of the respondent No.3-Sub-Collector, wherein he stated that, "the webland records, in respect of the subject land was entered as Government land and noted as Kankaragutta land. The changes in "A" Register regardi