ORDER:

The petitioner seeks a writ of mandamus declaring the action of respondent Nos.1 and 2 in not de-notifying the property in an extent of Ac.1.16 cents of Kollayulu village from G.O.Ms.No.215 Revenue (Assign-I) Department dated 13.05.2016 and consequently not deleting the said property from the list of prohibited properties under Section 22A (1) (e) of the Registration Act, 1908 as illegal and arbitrary and for a consequential direction to the respondents to make such deletion.

2. The petitioner’s case is thus:

a) The petitioner purchased the subject property of Ac.1.16 cents in S.No.531 of Kollayulu village under a registered sale deed bearing document No.3527/1989 dated 07.08.1989 from Shaik Masthan Saheb and two others. The 5th respondent mutated the entries in the revenue records by incorporating the name of the petitioner in concerned adangal and IB form (ROR) as pattadar and enjoyer in respect of the said land. While so, the 1st respondent, pursuant to the orders dated 23.12.2015 in W.A.No.232 of 2012 and batch, has notified the S.No.531 of Kollabylu village under Section 22A (1) (e) of the Registration Act, 1908 vide G.O.Ms.No.215 Revenue (Assn-I)

Department dated 13.05.2016.

b) The further case of the petitioner is that as per G.O.Ms.No.575 (Revenue (Assn-I) Department dated 16.11.2018, the Government lands, which were assigned prior to 18.06.1954, were deleted from the purview of Section 22A of the Registration Act and the Government have issued direction to all concerned in that regard.

c) Pursuant to the same, the petitioner made a representation for deletion of his land from the list of prohibited properties and after due enquiry, the 3rd respondent-District Collector, Chittoor vide proceedings in REV-FSEC022A/205/2020/MPL dated 29.09.2020 had sent proposals to the 1st respondent through the 2nd respondent to de-notify the petitioner’s property of Ac.1.16 cents in S.No.531 of Kollabylu village from the list of prohibited properties. Thereupon, on the information required by the 2nd respondent, the 3rd respondent called for a detailed report from the 5th respondent and accordingly, the 5th respondent submitted a report in Roc.A/24/2020 dated 23.01.2021 to the 3rd respondent who in turn forwarded the same to the 1st respondent through the 2nd respondent. However, so far respondent Nos.1 and 2 have not issued orders de-notifying the S.No.531 of Kollabylu village from the list of prohibited properties.

d) The 1st respondent issued a notification vide G.O.Ms.No.215 Revenue (Assn-I) Department dated 13.05.2016 under Section 22A (1) (e) of the Registration Act prohibiting the registration of the properties which are shown in Annexure-I. The subject land was also shown in Annexure-I at serial number 10385 of the said G.O.

However, it is to be noted that the subject land was assigned on 15.05.1948 in favour of one S.Fakruddin and Masthan Saheb much prior to 18.06.1954. The condition of non-alienation of assigned land was incorporated for the first time under G.O.Ms.No.1142 dated 18.06.1954. As the subject land was assigned prior to 18.06.1954, the condition of prohibition of alienation is not applicable. The said legal position was reiterated by the Hon’ble Supreme Court in a number of cases.

e) In the light of the above legal position, the 5th respondent submitted a report to the 3rd respondent on 13.02.2020. The 4th respondent, after examination and due enquiry in Roc.B2/980/2020 dated 22.06.2020, has recommended for de-notification of S.No.531 of Kollabylu village. Basing on the reports of respondent Nos.4 and 5, the 3rd respondent has sent proposals to the 1st respondent through the 2nd respondent on 29.09.2020 for taking further action as stated supra. Again, the 5th respondent on 23.01.2021 has sent a further report to the 3rd respondent on the request made by the 3rd respondent. The same was forwarded by the 3rd respondent to the 1st respondent through the 2nd respondent. However, on one pretext or other no action had b