ORDER :

1. The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue any writ or direction more particularly one in the nature of Writ of Mandamus, in refusing to entertain the document of the petitioner in respect of the land to an extent of Ac.3.00 cents situated in Sy.No.1248 of Tallapaka Village, Rajampet Mandal, Kadapa District by letter dated 21.07.2016 is illegal, arbitrary, without jurisdiction and in violation of Art.300-A of the Constitution of India and consequently set aside the impugned letter 21.07.16 of the 4th respondent by directing the respondents to process the document of the petitioner in respect of the land mentioned above without reference to the aforesaid list furnished by the 2nd respondent without insisting for NoC and pass such other orders”.

2. The brief facts of the case are that originally the land to an extent of Ac.4-86 cents situated at Sy.No.1248 of Tallapaka Village, Rajampet Mandal is a Government land. Pursuant to proceedings in Rc.No.B7/379/95, dated 16.08.1995, the 2nd respondent-District Collector issued proceedings stating that the Commissioner of Land Revenue, Hyderabad issued proceedings No.Spl.B4.2057/93-I, dated 19.07.1993, to alienate the said extent of land in favour of Integrated Community Development Society, Rajampet on payment of market value of Rs.2,500/- per acre. Accordingly, directed the Mandal Revenue Officer, Rajampet to handover the land in question to the above referred Society on payment of market value and further directed to take necessary changes in village and mandal accounts and report compliance. On 17.05.2004, a No Objection Certificate was issued by the 3rd respondent in favour of the vendor of the petitioner stating that all necessary changes in revenue record was taken place and certified the possession and enjoyment of the vendor of the petitioner. Thereafter, the pattadar passbook and title deed were also issued to the said Society.

3. On 15.10.2012, the vendor of the petitioner passed a resolution to sell away an extent of Ac.3-00 cents to the perspective and intending buyers so as to clear the debts of the society. When the 4th respondent insisted for a no objection certificate from the revenue authorities by refusing to register the document, the petitioner’s vendor filed W.P.No.32841 of 2012 which was disposed of on 17.10.2012 directing the registration authorities to receive and process the same for registration, without insisting for NOC. In pursuance of the said orders passed by this Court, a sale deed was executed in favour of the petitioner by admitting it into registration on 03.12.2012 vide document No.44/2013 by the said Society/vendor of the petitioner.

4. The main grievance of the petitioner is that from the date of alienation of the land in favour of the vendor of the petitioner in the year 1993, the said land becomes private land and is in possession and enjoyment of private individuals. While the matter being so, the 4th respondent issued impugned proceedings dated 21.07.2016 pursuant to presentation of the document by the petitioner for registration stating that the said land was in prohibitory list and hence, it is not maintainable. Challenging which, the present writ petition is filed.

5. The 3rd respondent filed counter admitting the fact of alienation of the said land in favour of the President, Integrated Community Development Society, Tallapaka Village and also handing over the possession of the land on 03.09.1993 and as well as issuance of pattadar passbook and title deed in favour of the said Society. But however, he has stated that aggrieved by the action of the authorities alienating the land in favour of the President, Integrated Community Development Society (I.C.D.S.), one Sri T.Gangi Reddy of Tallapaka Village, filed a petition on 22.11.1993 before the then Hon’ble Minister for Revenue, Government of Andhra Pradesh, Hyderabad with a request to quash th