ORDER:

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

“to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus, a) Declaring the action of the respondents in not issuing market value certificate to the 1st petitioner with regard to land admeasuring Ac.4.00 cents covered by Sy.No.1115/3, situated in Thallapaka Village, Rajampet Mandal, Kadapa District and to the 2nd and 3rd petitioners with regard to land admeasuring Ac.2.50 cents covered by S.No.1115/5, situated in Thallapaka village, Rajampet Mandal, Kadapa District as illegal, arbitrary, in violation of Articles 14, 21 and 300-A of Constitution of India and against the law laid down by this Hon’ble Court in W.A.No.950 of 2007.

b) Consequently to direct the respondents to issue market value certificate to the 1st petitioner with regard to land admeasuring Ac.4.00 covered by Sy.No.1115/3 situated at Thallapaka Village, Rajampet Mandal, Kadapa District and to the 2nd and 3rd petitioners with regard to land admeasuring Ac.2.50 cents covered by Sy.No.1115/5, situated in Thallapaka Village, Rajampet Mandal, Kadapa District and pass”

2. The facts of the case are that, the property to an extent of Ac.4.00 cents was acquired by the Gurrampati Venkata Subba Reddy being purchaser in the auction and the property to an extent of Ac.2.50 cents was acquired by the Meda Nageswar Reddy being purchase in the auction. The sale has been confirmed by the Special Cadre Deputy Registrar/Officer on Special Duty, Kadapa District Cooperative Central Bank Limited, Kadapa on 27.12.2010.

3. The first petitioner purchased the land in an extent of Ac.4.00 cents in Sy.No.1115/3, situated at Thallapaka Village, Rajampet Mandal, Kadapa Districts from the Gurrampati Venkata Subba Reddy through registered Sale Deed vide Document No.2029/2013, dated 06.04.2013. The second and third petitioners purchased land in an extent of Ac.2.50 cents in Sy.No.1115/5, situated at Thallapaka Village, Rajampet Mandal, Kadapa District from Meda Nageswar Reddy through Sale Deed vide Document No.2030, dated 06.04.2013. Since, the date of purchase in the said property, they have been in peaceful possession and enjoyment of the property, without any hindrance, their names were mutated in the revenue records, pattadar passbook and title deeds are also issued in their favour.

4. It is the contention of the learned counsel for the petitioners that the property was purchased in the auction conducted by Registrar of Cooperative Societies and they became owners of the property. Learned counsel for the petitioners reliance on Judgment of erstwhile High Court of Andhra Pradesh at Hyderabad in The Sub-Registrar v. K. Guravaiah, S/o.Chalamaiah1 and on the strength of the principle laid down in the above Judgment, he requested to issue direction to issue valuation certificate.

5. Whereas, the learned Assistant Government Pleader for Stamps and Registration though not filed counter affidavit contended that, name of the enjoyer for land in Sy.No.1115/3 & Sy.No.1115/5 for the Fasli 1431 in column Nos.6 and 7 is shown as “Government Land”. Therefore, it is government land, included in prohibitory property list under Section 22-A of Registration Act and requested to dismiss the writ petition.

6. It is an undisputed fact that petitioners became owners of the property as the bid was knocked down in their favour in the auction conducted by Registrar of Cooperative Societies, copies of

1 2009 (2) ALD 250

Form No.10 sale certificates issued to the petitioners are placed on record to support their contention that they became absolute owners of the property for the schedule mentioned properties. Petitioners are also obtained pattadar passbook and title deeds and their names were mutated in Form 1B adangal, wherein petitioners herein were shown as pattadars in column No.2. The adangal for the Fasli 1431 also discloses that petitioners is the enjoyer of the property. Therefore,