IMPORTANT POINT
The doctrine of res judicata applies to writ petitions, preventing re-litigation of issues already decided, thereby ensuring finality in judicial decisions.

ORDER :

1. The Writ Petition is filed to declare the action of 1st respondent in including the land in an extent of Ac. 2.48 cents in S. No. 1540 of Chintakommadinne Village and Mandal, Kadapa District, in prohibited property list of G.O.Ms. No. 152 dated 27.03.2023 under Section 22-A(1)(a) as assigned land and consequential action of 5th respondent in refusing to register the document vide P. No. 305 of 2023 dated 17.10.2023, as illegal and arbitrary.

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(a) Averments in the affidavit, in brief, are that petitioner is the absolute owner of land of an extent of Ac. 2.48 cents in S. No. 1540 of C.K. Dinne village fields, C.K. Dinne Mandal, YSR District. The petitioner inherited the property from her father-in-law Yeturi Chinna Kondaiah, who, in-turn, purchased the same under registered sale deed dated 23.03.1967. Records of Rights were updated and the name of petitioner was mutated in 1-B and Adangal and pattadar pass book was also issued.

(b) During the year 2012, petitioner intended to sell the subject land and approached the 5th respondent to furnish market value particulars. The 5th Respondent refused to furnish the information stating that as per the list communicated by the Tahsildar, C.K. Dinne Mandal, the subject land is classified as assigned land and hence, it cannot be registered. Petitioner filed W.P. No. 32175 of 2012 and the same was allowed on 31.10.2012. However, the transaction was not fructified.

(c) Petitioner intended to execute Gift/Settlement deed dated 22.9.2023 in favour of son and presented the document for registration. The 5th Respondent refused to register the document stating that property is included in prohibited list as Assigned land under Section 22-A(1)(a) vide G.O.Ms. No. 152 REVN. REVSWLAODTL/2/2023-JA (SWLA)- KDPCO. The 1st Respondent issued G.O.Ms. No. 200 dated 5.05.2016 by including the property referred to supra under Section 22-A (1)(e) of the Registration Act, 1908 (for short “the Act”). Later by issuing G.O.Ms. No. 152 dated 27.03.2023 it was changed to Section 22-A (1)(a) of the Act. With the above facts, the present writ petition is filed.

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(a) 2nd Respondent filed counter affidavit. It was contended, interalia, that the petitioner without alternative availing remedy under Section 22-A(4) of the Act filed the writ petition and hence, the same is not maintainable. An extent of Ac. 2.48 cents in S. No. 1540 of C.K. Dinne village is classified in the RSR as Dotted (…) land. Mere registration of the document does not confer any title or right over the Government lands. Section 22-A of the Act was inserted in the year 2007. Challenging the same writ petitions were filed. The Full Bench of the composite High Court of Andhra Pradesh in Vinjamuri Rajagopala Chary Vs. State of A.P. 2016 (2) ALD 236 : 2015 SCC Online Hyd 407, held that such insertion of Section 22-A is not unconstitutional and further framed certain guidelines. Pursuant to said directions, the State Government communicated prohibited properties list to the Registration authorities. The State Government published list of prohibited properties under Section 22-A (1)(e) of the Act. Pursuant to the order in W.P. No. 32175 of 2012, petitioner did not submit any document for registration, till the Government published the land in the prohibited properties list under Section 22-A(1)(e). In view of observation of the Full Bench, if any judgments or observations by the High Court or by any other Officer are inconsistent with the judgment of the Full Bench, the observations made by the Full Bench will prevail and would bind the parties and, therefore, the order in W.P. No. 32175 of 2012 dated 31.10.2012 does not bind the parties.

(b) The Government of Andhra Pradesh enacted the Andhra Pradesh Dotted Lands (Updation in Re-Settlement Register) Act, 2017 (for short “Act 2017”) for updation of Dotted lands as Patta lands in RSR. As per G.O.Ms. No. 298, a District Level Committee, consisting of District Collector as the Chairper