ORDER:

The petitioners seek a mandamus declaring the action of respondents

5 & 6 in not implementing the orders of 4th respondent vide proceedings No.R.Dis.E1.6205/2018 dated 22.12.2018 by deleting the petitioners lands in Sy.No.372 for an extent of Ac.6.64 cents situated in Thimmareddypalli, H/o. Damancharla Village, Varikuntapadu Mandal, SPSR Nellore District from the list of prohibited property under Section 22(A) of the Registration Act and not entertaining the document for registration for the lands in Sy.No.372 for an extent of Ac.4.86 cents belongs to 1st petitioner share and Sy.No.372 for an extent of Ac.1.43 cents by treating those lands in prohibitory list as arbitrary, illegal and for a consequential direction.

2. The petitioners’ case succinctly is thus:

(a) The 1st petitioner is the mother and 2nd petitioner is her son. The

1st petitioner’s husband Shaik Madar Saheb purchased the lands in Sy.No.372 to an extent of Ac.6.64 cents under registered Sale Deeds and those lands were shown in RSR in dots and then he applied for deletion of the lands from the prohibited property list through Mee-seva application. Then the 4th respondent conducted enquiry and passed a detailed order vide proceedings No.R.Dis.E1.6205/2018 dated 22.12.2018 and directed 7th respondent to take necessary action to treat / recognize the lands shown in dotted lands as patta lands and incorporate the changes in the Re-settlement register and a further direction was given that the District Registrar, Nellore shall delete the above scheduled lands from the prohibited list of properties maintained under Section 22(A) of the Registration Act.

(b) In the meanwhile, the husband of 1st petitioner died on 24.04.2019.

The petitioners obtained Family Members certificate dated 21.08.2019. The 7th respondent, as per the orders of the 4th respondent, issued Pattadar Passbook through Katha No.1661 in the name of petitioners 1 & 2 for an extent of Ac.4.86 cents and Ac.1.43 cents respectively. On receiving the above documents, the petitioners approached 6th respondent and requested to delete the above said lands from the prohibitory list. Though the 5th respondent addressed a letter No.G1/173/2019 dated 14.02.2019 to delete the above survey lands from the prohibitory list of properties, the 6th respondent did not act upon.

Hence, the present writ petition.

3. Heard Sri Nagaraju Naguru, learned counsel for petitioners, and learned Assistant Government Pleader for Stamps & Registration representing the respondents 1 to 6, and learned Assistant Government Pleader for Revenue representing 7th respondent.

4. Learned counsel for petitioners while reiterating his pleadings in his arguments would submit that in spite of the order of the District Level Committee, still the 6th respondent did not act upon the proceedings dated 22.12.2018 of the District Level Committee. He thus prayed for a direction to 7th respondent. He relied upon the decision of this Court in W.P.No.7795/2021, wherein in similar circumstances a direction was issued to the Sub-Registrar concerned.

5. Learned Assistant Government Pleader while referring to the circular instructions in Ref.No.Set.1(1)/140/2021 dated 13.05.2021 would submit that the Government for conducting enquiry in terms of the A.P. Dotted Lands (Updation in Re-settlement Register) Act, 2017 issued additional guidelines. In that view, 7th respondent has to submit his report and the District Level Committee has to pass an order.

6. The point for consideration is whether there are merits in the writ petition to allow?

7. Point: A perusal of the proceedings in R.Dis.E1.6205/2018 dated 22.12.2018, filed along with material papers by the writ petitioners, would show that in respect of the land in an extent of Ac.7.38 cents in Sy.No.372, it appears, Sri Shaik Madar Saheb, husband of 1st petitioner and father of 2nd petitioner, filed an application with a request to accept his claim for Ac.6.64 cents out of the total extent and recognize their lands as pat