THE HON’BLE SMT JUSTICE V. SUJATHA Writ Petition No.37139 of 2015
ORDER:
This writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief:
“....to issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondent No.4 in updating the revenue records mutated in petitioner favour in respect of the land in an extent of Ac.1.03 cents in Sy.No.401/4, Ac.0.60 cents in Sy.No.401/5, Ac.1.40 cents in Sy.No.405/3 and Ac. 3.11 cents in Sy.No.405/5 of Chinnachowk Village fields, Chinnachowk, Kadapa Municipal Corporation area, Kadapa City, Y.S.R. District in online portal stating that the same is assigned land evenafter declaring by this Hon’ble Court vide order, dated 01-02-2012 made in W.P.No.15250 of 2011 that the same cannot be treated as Assigned land and allowing it to attain finality as arbitrary, illegal, abdication of the statutory duty caste on him apart from being voilative of the fundamental and Constitutional rights guaranteed to petitioner under Articles 14, 19, 21 300-A of the Constitution of India and consequently direct the respondent No.4 to upload/update the revenue records stand on petitioner name in respect of the land in an extent of Ac.1.03 cents in Sy.No.401/4, Ac.0.60 cents in Sy.No.401/5, Ac.1.40 cents in Sy.No.405/3 and Ac.311 cents in Sy.No 405/5 of Chinnachowk Village fields, Chinnachowk, Kadapa, Municipal Corporation area, Kadapa City, Y.S.R District in online portal and pass.....”
2. The brief facts of the case are that the petitioner purchased a land admeasuring an extent of Ac.1.03 cents in Sy.No.401/4 and Ac.3.11 cents in Sy.No.405/5 of Chinnachowk Village fields, Chinnachowk, Kadapa Municipal Corporation area, Kadapa City, Y.S.R. District, through public auction from the District Cooperative Central Bank, Kadapa and a sale certificate was issued in his favour in Form No.10, dated 30.08.2000, where the subject land was mortgaged by Sri Koppulla Yella Reddy, who was the then possessor and enjoyer of the subject land. The respondents No.3 and 4 have also issued pattadar pass book and title deeds in the favour of petitioner.
3. While so, the petitioner intended to sell the subject land for his family necessities and approached the Sub- Registrar(Urban), Kadapa to submit sale deeds for registration, the Sub-Registrar refused to entertain the sale deeds for registration on the ground that the subject land is shown as assigned land in the assigned lands list furnished by the respondent No.4.
4. Aggrieved by the same the petitioner has earlier filed Writ Petition No.15250 of 2011, wherein this Court passed an order dated 01.02.2012, which is as follows:-
"....it is no doubt true that the lands are assigned at one point of time and that Section 22-A of the Registration Act as amended through Act 19 of 2007 prohibits registration of documents pertaining to assigned lands. However, the lands were mortgaged in favour of the District Cooperative Central Bank and once they were brought to sale, they loose the character of assigned lands. Such transactions are exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. In W.P.No.14750 of 2007, this Court took the view that once an assigned land was brought to sale by a Cooperative Bank, the prohibition contained under Section 22-A of the Registration Act does not apply for them. The same was upheld by a Division Bench of this Court in W.A.No.950 of 2007.
Hence, the Writ Petition is allowed and the impugned order is set aside...."
5. Even though after obtaining favourable orders from this Court the respondent No.4 refused to upload/update the revenue records on petitioner’s name in on-line stating that the subject land is shown as assigned land in the list prepared by him and in view of the same the petitioner was unable to sell the subject land, aggrieved by the same the present Writ Petition was filed.
6. Heard both the learned counsel and perused the material placed on record.
7. The