ORDER:

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

“...to issue a Writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in including the land of the petitioner to an extent of Ac.6.25 cents situated in Sy. No.289/A and Ac.2.30 cents in Sy. No.289/B of B. Thandrapadu Village, Kurnool Mandal and District, Andhra Pradesh in the prohibitory list issued by the 5th respondent as illegal, arbitrary, contrary to the Revenue Laws and Indian Registration Act and violation of Article 300-A of the Constitution of India and consequently direct the respondent to delete the said property from the prohibitory list of the 5th respondent and to pass such other order...”

2. Brief facts of the case is that the land in an extent of Acs.6.25 cents situated in Sy. No.289/A and Acs.2.30 cents in Sy. No.289/B of B. Thandrapadu Village, Kurnool Mandal and District, Andhra Pradesh is classified as dry land and it was not under plough for the past 50 years and above. The said lands are attached by the then District Collector, Kurnool under the provisions of A.P. Revenue Recovery Act, 1864 for recovering the arrears due to the Government and the same shall be free of all encumbrances under Section 42 of the A.P. Revenue Recovery Act, 1864. The said land was notified in the Kurnool District Gazette, dated 31.07.1987, for which the petitioner had participated in the tender process and auction of sale held on 22.04.1987.

3. As the petitioner was highest bidder in the said auction, the District Revenue Officer, Kurnool has allotted the subject land in favour of the petitioner. The petitioner paid a sum of Rs.48,000/- towards sale consideration in favour of the Tahsildar, Kurnool. On receipt of the entire bid amount, the then M.R.O., Kurnool, handed over the possession of the said land in favour of the petitioner on 23.04.1988. Later, the sale was also confirmed by the then Collector, Kurnool District, vide his proceedings in R.Dis.All3363/8, dated 11.06.1988, under Section 38(3) of the A.P. Revenue Recovery Act. The petitioner has been in peaceful possession and enjoyment since the said date.

4. While the matter being so, as the M.R.O. Office, Kurnool was inundated in flood water during the month of September, 2009, all the revenue records were damaged. It is alleged that, taking advantage of the said floods, the revenue officials committed mistake in including petitioner’s land in prohibited properties list, without issuing any notice to the petitioner, resulting which the petitioner is unable to transfer the said lands. Aggrieved by the same, the present writ petition is filed.

5. Heard learned counsel for the petitioner and Learned Government Pleader for Revenue.

6. Learned counsel for the petitioner relied upon a judgment rendered by this Court in W.P. Nos.14743 & 14750 of 2007, wherein it is held as under:

“... For the foregoing reasons, the writ petitions are allowed and it is directed that the properties purchased by the petitioners, in the sales conducted by the District Cooperative Central Bank Limited, Chittoor, shall not be treated as assigned lands, and the documents presented for transfer, shall be entertained by the 1st respondent, and processed, in accordance with law.”

7. On the other hand, learned Government Pleader for Revenue admitted the fact that the subject land was purchased by the petitioners in an auction held by the District Revenue Officer on

11.06.1988.

8. Under similar circumstances, this Hon’ble High Court, in W.A. No.950 of 2007 between The Sub-Registrar, Srikalahasti, Chittoor District & Another V/s. K. Guravaiah & Another, held as follows:

“3. The facts of the case in a nutshell are that the petitioner had purchased the lands bearing Sy.No.137/2 admeasuring Ac.3.76 cents; Sy.No.137/3 admeasuring Ac.1.17 cents, totally admeasuring Ac.6.63 cents situated in Udamalapadu Village, Srikalahasti Mandal, Chittoor Dis