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2021 Supreme(AP) 872

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. SATYANARAYANA MURTHY, J.
Kavali Sekhar – Appellant
Versus
State of Andhra Pradesh and Others – Respondents
W.P. No. 9635 of 2021
Decided On : 16-06-2021

Advocates:
Advocate Appeared:
For the Appellant : G. Ramesh Babu.

Headnote:

Constitution of India, 1950 - Article 226, 300-A - Registration Act, 1908 - Section 22-A - A.R Dotted Lands (Updated in Re-Settlement Register) Act, 2017 - Sections 8, 9 and 10 - Petitioner received a message to his phone from Government of A.P. website saying that his application for updation and issuance of Pattadar Pass Book and Title Deed was accepted/approved by 3rd respondent and he is asked to get same through Mee Seva or Mee Bhoomi website - From that day onwards, petitioner is frequently visiting Mee Seva for Pattadar Pass Book and Title Deed. But, no such order was implemented – Held, petitioner made an application in terms of Section 6 of A.P. Dotted Lands (Updated in Re-Settlement Register) Act, 2017 and same was disposed of by order issuing a direction - But, Tahsildar did not implement direction given by Chairman, District Level Committee and inaction of respondents 3 to 5 is contrary to Sections 9 and 10 of Andhra Pradesh Dotted Lands (Updation in Re-Settlement Register) Act, 2017 - Inaction of respondents 3 to 5 is illegal and arbitrary - Court has no option except to issue a direction to respondents 3 to 5 to implement orders issued by Chairman, District Level Committee, 2nd respondent - Writ petition allowed.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“....to issue a writ order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents 3 to 5 herein in not implementing the order of the 2nd respondent herein passed in R. Dis. No. REV-SWLAO-DOT/46/2020, dated 8.4.2020, as illegal, arbitrary and violative of Article 300-A of the Constitution of India and contrary to Sections 9 and 10 of the A.R Dotted Lands (Updated in Re-Settlement Register) Act, 2017 and consequently direct the respondents 3 to 5 to update the petitioner's name in all the revenue records including digitally maintained records for the lands in an extent of Ac. 0-80 cents in Sy. No. 135/1A, Ac. 0-10 cents in Sy. No. 135/2, Ac. 0-55 cents in Sy. No. 135/3, Ac. 0-25 cents in Sy. No. 135/5 and Ac. 0-20 cents in Sy. No. 135/6, totally Ac. 1-90 cents situated at Cherlopalli Village, C.K. Dinne Mandal, YSR Kadapa District and to delete the subject lands from the List of Prohibited Property under Section 22-A of the Registration Act, 1908 and receive, register and release the documents, if any presented for registration by the petitioner herein and pass such other order.”

2. The case of petitioner in nutshell is that the land in Sy. Nos. 135 and 136 of Cherlopalli Village, C.K. Dinne Mandal, YSR Kadapa District was originally Government land, on 26.9.1936, the land in an extent of Acs. 4.99 cents was assigned to one Settipalli Subbamma vide proceedings D.A. Dis. No. 1598-1346. Likewise, an extent of Ac. 5.20 cents in Sy. Nos. 135 and 136 was assigned on 21.2.1939 to one C. Konda Reddy vide DA Dis. No. 1698-1348, dated 21.2.1939. The said assignees continued in possession and after their demise, their legal heirs continued in possession.

3. On 29.3.1971, legal heirs of the above said assignees sold the subject lands under registered sale deeds vide Document Nos. 980 of 1971 and 983 of 1971. Thereafter, the lands were changed from so many persons vide Registered Document Nos. 1783 of 1973, 2976 of 2004, 9174 of 2005 and 286 of 2007. Finally, on 11.6.2013, the petitioner alongwith one G. Chandra Sekhar Reddy jointly purchased Ac. 3.80 cents under a registered sale deed vide Document No. 3722 of 2013, came into possession and continued in possession of the property. According to RSR, the subject lands were classified as dotted lands.

4. On 9.10.2019, the petitioner made an application to update revenue records as per Section 6 of the A.P. Dotted Lands (Updated in Re-Settlement Register) Act, 2017 and also for deletion of the subject lands from the Prohibited list published under Section 22-A of the Registration Act, 1908 before the revenue authorities. Accordingly, his claim was placed before the District Level Committee on 10.2.2020. The District Level Committee after considering the claim of petitioner, relevant revenue records and report of Tahsildar/3rd respondent, allowed his claim.

5. Accordingly, the 2nd respondent herein vide Proceedings in R. Dis. No. REV-SWLAO-DOT/46/2020, dated 8.4.2020 directed the Tahsildar-3rd respondent to update the name of the petitioner in all the revenue records including digital records and also directed the 4th respondent to instruct the 5th respondent to take steps to delete the subject land from the Prohibited List. Further, no appeal under Section 8 of A.P. Dotted Lands (Updated in Re-Settlement Register) Act, 2017 was carried against the order of the 2nd respondent herein and it attained finality.

6. The petitioner received a message to his phone from Government of A.P. website saying that his application for updation and issuance of Pattadar Pass Book and Title Deed was accepted/approved by the 3rd respondent and he is asked to get the same through Mee Seva or Mee Bhoomi website. From that day onwards, the petitioner is frequently visiting Mee Seva for Pattadar Pass Book and Title Deed. But, no such order was implemented

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