Point of Law- Several illegal transactions were taken place in violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended in Act 8 of 2007. Hence, the inclusion of the lands in prohibited property list maintained under Section 22-A(1)(a) of the Act and prohibiting the registration of the sale transactions in respect of the subject lands, could not be said to be illegal, arbitrary and contrary to the provisions of the Act.

ORDER :

This writ petition is filed to issue a Writ of Mandamus declaring the prohibitory property list communicated by the 2nd respondent under Section 22-A(1)(a) of the Registration Act, 1908 (for short ‘the Act’) including the House Plot Nos.71, 71A, 72, 83, 21 and 74 to an extent of 227.1/3 Sq. yards, 165.1/3 Sq. yards, 275.5/9 Sq. yards, 133.1/3 Sq. yards, 266.2/3 Sq. yards and 261.1/9 Sq. yards situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District as an assigned land and the consequential action of the 5th respondent in refusing to entertain the sale deeds for registration, as illegal and arbitrary and consequently to direct the 5th respondent to entertain the sale deeds for registration of the aforesaid plots by setting aside the prohibitory property list communicated by the 2nd respondent.

2. The case of the petitioners in brief as per the averments of the affidavit filed in support of the writ petition is that the 1st petitioner and the 2nd petitioner had purchased house plot Nos.71, 71A and 72 to an extent of 227.1/3 Sq. yards, 165.1/3 Sq. yards and 275.5/9 Sq. yards respectively situated in Sy.No.199-1A & 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District, through registered Sale deeds vide Document Nos.7034/1984 dated 16.10.1984 and 7384/1984 dated 27.10.1984 from the A.P. Electricity Employees Union, Chittoor (Regd. No.1104) represented by its Chief Promotor, P.Gurappa Naidu. Since then, the subject house plots are in their possession and enjoyment without interference from the respondents. Similarly, the fathers of the petitioners 3 and 5 purchased the plot Nos.83 and 74 to an extent of 133.1/3 Sq. yards and 261.1/9 Sq. yards situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chitoor District through registered Sale deeds vide Document Nos.307/1986 dated 21.01.1986 and 6247/1984 dated 10.09.1984. After demise of their fathers, the said plots were devolved on the petitioners 3 and 5. Likewise, the father of the 4th petitioner purchased plot No.21 to an extent of 266.1/3 Sq. yards situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District through registered Sale deed vide Document No.5733/1984 dated 20.08.1984. After demise of the father of the 4th petitioner, the mother and brothers of the 4th petitioner executed a relinquishment deed in his favour for the said plot.

As per the Resurvey and Resettlement Register (RSR), the Sy.No.199 was sub-divided as Sy.Nos.199-1 and 199-2 comprising to an extent of Ac.10.00 and Ac.1.80 cents respectively. Thereafter, the names of the pattadars of the said extents of land were recorded in the Record of Holdings (RH). Later, the legal heirs of the pattadars have transferred their rights through the sale deeds dated 13.06.1946 vide Document Nos.2429/1946 and 2430/1946. Ever since, several sale transactions including the sale transaction dated 18.12.1946 were taken place. Their vendor had purchased the land to an extent of Ac.5.00 and Ac.1.92 cents situated in Sy.Nos.199-1A and 199-1B through Sale deeds dated 07.04.1982 vide Documents Nos.1844, 1845, 1846, 1847 and 1848 of 1982 and 4344, 4345, 4346 and 4347 of 1982 respectively. Their vendor had formed an association namely A.P. Electricity Employees Union, Chittoor (Regd. No.1104) and sold the said extents of land in favour of several individuals including the petitioners and their fathers through sale deeds. Since the date of purchase, the subject house plots are in their possession and enjoyment without any interference from anybody much less the respondents 2 to 4. While things stood thus, the petitioners and other plot owners have submitted applications for building plan approvals to the Municipal Corporation, Chittoor, whereas the Commissioner, Chittoor Municipal Corporation refused to grant building plan approvals at the instance of the respondents 2 to 4. Under those circumstances, the petitioners and other plot owners w