ORDER:

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

“to issue a Writ or Order more in the nature of Mandamus declaring the notice under Ref.DT (2)/5814/2011, dated 03.09.2015 issued by the respondent No.3 calling upon the petitioner to submit his explanation as to why the sale deed dated 12.06.2009 registered as document No.938 of 2009 shall not be cancelled stating that the land which was purchased through the same belongs to Anandashramam as arbitrary, illegal, without power and contrary to the provisions of the Indian Registration Act, 1908 and the Andhra Pradesh Rules under the Registration Act, 1908 and the settled principles of legal position.”

The case of the petitioner, in brief, is that he is absolute owner and possessor of land admeasuring Ac.1.55 cents in Survey No.168/3 situated at Somapuram village, Chapadu Mandal, YSR Kadapa District, having purchased the same from one Vadla Veeraihachari, grandson of late Veerabrahmam, through a registered sale deed bearing Document No.938 of 2009 dated 12.06.2009. Since the date of purchase, the petitioner is in possession and enjoyment of the same without any interference from respondents 2 to 4 and his name was mutated in the revenue records and was issued pattadar pass books and title deeds. While so, the 5th respondent made a complaint to the Lokayukta stating that the petitioner purchased the subject land which belongs to Anandashramam illegally and requested to take necessary action for cancelling the sale deed, pursuant to which, the 2nd respondent directed the 3rd respondent to take appropriate action on the complaint made by the 5th respondent. The 3rd respondent issued impugned notice under Rule 26 (k) of the Registration Rules, 1908 calling for the petitioner to submit his explanation as to why the sale transaction in respect of the subject land shall not be cancelled. Challenging the same, the present writ petition is filed.

This court, on 23.09.2015, while issuing notice before admission, passed the following order:

“There shall be interim suspension as prayed for.”

The 4th respondent filed his counter, while denying the averments made in the writ petition, inter alia, stated that Ananda Ashramam was registered under the Societies Registration Act vide Registered No.3 of 1951 and Sri Settipalle Sriman Narasaiah, S/o Chinna Suraiah, was the President, who donated his land (Sothrium Lands) situated in Somapuram village, Chapadu Mandal in the name of Management/Executive Committee (Pakala Karthalu) Madhya Muni Rao, S/o Krishna Rao, Veera Brahmaiah, S/o Chinna Veeraiah through registered Gift Deed No.534/1942. Since the village of Somapuram is a Sothrium village and not taken over by the Government in 1942, only Old Paimash Numbers were existed and the registered transactions were carried out with Paimashi Numbers only. The Managing Trustee Sri V. Veera Brahmam filed a declaration under Section 1/18 of A.P. Land Reforms Act, 1973 before the Land Reforms Tribunal, Jammalamadugu for exemption of lands from the ceiling surplus lands. The Tribunal passed orders in C.C.No.162 of 1976 dated 23.09.1976 declared the above property as charitable institution of the public nature and the same is exempted from application of Land Ceiling and hence, the property belongs to Ananda Ashramam against which the Managing Trustee had no power to sell the same to third persons, but, contrary to the same, he sold away the lands belongs to Ashramam in the years 1985, 1989, 1990 and 2006, and that the subject land is one among them. The 4th respondent further stated that as per the Amendment Act to the A.P. Inams Abolition (Conversion into Ryotwari) Act, 1956, all communal lands and porambokes in Inam land stand transferred to and vest in the Government free from all encumbrances as per Section 2-A of the Act and that the present subject land is an Inam land as Talari Inam and is vested with the Government. The subject land is a gifted la