ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“to issue appropriate order, writ or direction more particularly one in the nature of writ of Mandamus declaring the action of respondents 5 and 6 in not deleting the land admeasuring Ac.0.36 cents in survey No.753/1E; Ac.0.36 cents in survey No.753/1D; Ac.0.36 cents in survey No.753/1C and Ac.0.11 cents in survey No.753/1B of Bommaiahgaripalle, Rompicherla Mandal, Chittoor District, belonging to petitioners 1 to 4 respectively, from the list of prohibited properties under Section 22A of the Registration Act, 1908 in spite of letter addressed by the competent revenue authority viz. 2nd respondent – District Collector vide ROC.REV-FSEC/139/2018-JA(F4)-COLCTR, dated

15.07.2019 to 5th respondent-District Registrar as illegal, arbitrary..”

2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue appearing for the respondents. 3. Learned counsel for the petitioners submitted that despite the orders of the 2nd respondent - District Collector, dated 29.01.2019 holding that the lands of the petitioners were patta lands, and the letter issued by the 4th respondent-Tahsildar vide C.No.B/18/2019 dated 12.03.2019 certifying that the aforesaid extent of lands are patta lands, there is no action on the part of the respondents 5 and 6 in deleting the subject lands from the list of prohibited properties, hence, the present writ petition.

4. On perusal of the record, pursuant to the District Level Scrutiny Committee meeting conducted on 29.01.2019 and the Certificate dated 12.03.2019 issued by the 4th respondent-

Tahsildar, the 2nd respondent-District collector addressed a letter dated 15.07.2019 to the 5th respondent-District Registrar, recommending for deletion of the subject property from the prohibitory properties list, including the list under Section 22-A (1) (e) of Registration Act, 1908.

5. Learned Government Pleader, on instructions, submitted that earlier the District Collector is not the competent authority to delete the properties enlisted under Section 22-A (1) (e) of the Act. Subsequently, the Government vide memo dated 23.03.2022 delegated the power to the District Collector, which reads as follows:

“Rule 7 of the A.P. Dotted Lands Act, 2017 reads as follows:

7. Deletion under Section 22-A (1) of the Registration Act, 1908:

(a) The District collector shall furnish the list of lands to the Registering officer concerned for deletion from the prohibitory lists already furnished to the Registration Department u/s 22-A(1) of the Registration Act, 1908 within one month of the date of the order under Section 7 (or) 8 of the Act, as the case may be.

(b) The Registering officer concerned shall delete the lands as furnished by the District Collector under rule 7(a) from the prohibotry lists furnished under Section 22-A(1) of the Registration Act, 1908.”

6. In view of the instructions issued by the Government vide above said memo, the District Collector issued proceedings dated 26.03.2022 directing the District Registrars, Chittoor and District Registrars, Balaji District, Tirupathi, all the Sub- Registrars in the District to take action for deletion of lands notified under Section 22(a)(i)(e) of the Act, duly following Rule 7 of A.P. Dotted Lands Act, 2017 for which orders were already issued under Section 4(3) of A.P. Dotted Lands Act, 2017.

7. In view of the said circumstances, considering the above submissions, the Writ Petition is disposed of, directing the 2nd respondent to consider the issue once again in view of the memo dated 23.03.2022 and sent proposals to the 5th- respondent- District Registrar within a period of four (04) weeks from the date of receipt of a copy of the order. The 5th respondents is directed to consider the recommendations made by the 2nd respondent and take appropriate action within a period of four (04) weeks thereafter, in accordance with the provisions of the Act. No costs.

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