THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.29705 of 2021
ORDER:
The petitioner seeks a mandamus declaring the action of respondents 5 & 6 in not implementing the orders of 4th respondent vide proceedings in R.Dis.E5/293/2019 dated 08.01.2019 by deleting the petitioner lands for an extent of Ac.3.50 cents (1.418 Hectares) in Sy.No.803-2 situated in Nellorepalem Gramapanchayat, Atmakur Revenue Village Fields, Atmakur Mandal, SPSR Nellore District from the list of prohibited property under Section 22(A) of the Registration Act as arbitrary and illegal and for a consequential direction to 6th respondent to receive, register and release the documents presented by the petitioner in respect of the said land by deleting the same from prohibited property list.
2. The petitioner’ case succinctly is thus:
(a) The petitioner purchased the agricultural lands for an extent of Ac.3.50 cents (1.418 Hectares) in Sy.No.803-2 situated in Nellorepalem Gramapanchayat, Atmakur Revenue Village Fields, Atmakur Mandal, SPSR Nellore District through registered document No.4400/2010 dated 08.12.2010 from Kolagani Subbulu and 4 others and the said survey lands are the ancestral property of his vendors and they succeeded the same through partition deed. As per RSR, the land of Ac.11.85 cents in Sy.No.803 was classified as dotted land and as per the Register of Holdings, the Sy.No.803-2 admeasuring total extent of Ac.9.91 cents was noted as Patta Land registration happened from the year 1978. But, the 7th respondent, as per RSR, classified the above land as dotted land shown in prohibitory property list. Then the petitioner approached 7th respondent through Mee-seva application No.APDL011700039211 requesting to delete the above lands from the prohibitory property list. Accordingly, the 4th respondent issued Form-VII notices dated
07.11.2017 as per Rule 4(C) calling for the objections of interested parties within 30 days from the date of issue of notice. Thereafter, the 4th respondent conducted detailed enquiry and on 08.01.2019 verified the documents and proposals presented by the Tahsildar/Convener as per the Andhra Pradesh Dotted Lands (Updating in Resettlement Register) Act, 2017. The 4th respondent committee, after considering the documents and detailed report submitted by 7th respondent found that the petitioner and his vendors are in continuous possession of the claimed land for more than 12 years, passed orders vide proceedings in R.Dis.E5/293/2019 dated 08.01.2019. Further, the 4th respondent issued orders to 7th respondent to take necessary action to treat/recognize the dotted lands of Ac.3.50 cents in Sy.No.803-2 as patta lands and incorporate the changes in the Resettlement Register/Diglot and other revenue records of the village maintained. Accordingly, the 4th respondent directed the 5th respondent to delete the subject lands from the prohibitory properties list maintained under Section 22(A) of the Registration Act, 1908. Though the said order was passed on 08.01.2019, but till date the 7th respondent could not carry out Adangal correction / mutation by deleting the above lands from the prohibitory properties list. It is submitted that in similar circumstances, this Court in W.P.No.7795/2021 passed an order on 07.04.2021 directing the respondents 5 to 7 therein to delete the subject lands therein from prohibitory list under Section 22-A of the Registration Act.
Hence, the writ petition.
3. Heard Sri Nagaraju Naguru, learned counsel for petitioner, and learned Assistant Government Pleader for Revenue representing the respondents.
4. Learned counsel for petitioner while reiterating his pleadings in his arguments would submit that in spite of the District Level Committee, after verifying the documents, passed an order vide proceedings in R.Dis.E5/293/2019 dated 08.01.2019, and though the 7th respondent received the orders of the District Level Committee, still did not act upon the said orders. Learned counsel thus prayed for a direction to 7th respondent. He relied upon the decision of this Court in W.P.No