Dismissed

Pasupuleti Ananda Vidya Sagar v. State of Ap

Andhra Pradesh HC4 Jan 2021WP/52/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a declaration that the Registry's refusal to register a sale deed was illegal because the land was on a prohibited list merely due to entries in the Re-Settlement Register. Citing prior orders, the Court directed the authorities to delete the land from the prohibited list and register the document within six weeks.

What did the court decide?

The court directed the respondents to delete the petitioner's land from the prohibited property list and register the proposed sale deed within six weeks.

Pasupuleti Ananda Vidya Sagar Vs State of Ap — Writ and Judicial Review | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.52 OF 2021

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ORDER:-

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This petition is filed under Article 226 of the Constitution of India, seeking the following relief:

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“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the action of the 4^th respondent in refusing to register the document P.No.78 of 2020 vide proceedings No. Refusal Order No.32 of 2020, dated 09.10.2020 in respect of land an extent of Ac.3.51 cents, situated in Sy.No.907/1 of Koduru Revenue Village, Railway Koduru Mandal, Kadapa District, referring that the land is included in the Prohibited Property List maintained under Section 22(A) of the Registration Act is illegal, arbitrary and violation of principle of natural justice and consequently direct the respondent authorities to delete the document under refusal order vide proceedings No.32 of 2020, dated 09.10.2020 duly registering the same in favour of the 1^st petitioner and to delete the property from the prohibited properties list and to receive and register the document submitted by the petitioner.”.

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The Case of the petitioners is that the 2^nd petitioner is the owner and possessor of the land an extent of Ac.3.51 cents situated in Sy.No.97/1 of Railway Koduru Revenue Village of K.Buduguntapally Gramapanchayati, Railway Koduru Mandal, which is a private land was shown as dotted (….) land, therefore the land was included in the prohibited property list maintained under Section 22(A) of the Registration Act. The family of the 2^nd petitioner is the absolute owner of the land, which is shown as dotted land in the RSR. Later, the 2^nd petitioner sold the subject land to the 1^st petitioner and accordingly they presented the sale deed on 05.10.2020 before the SRO, Pullampet for registration in favour of the 1^st petitioner, surprisingly, the 4^th respondent refused to receive and register the sale deed stating that the subject land is included in the prohibited property list and issued refusal endorsement of document P.No.78 of 2020 vide proceedings No.32

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of 2020, dated 09.10.2020. Assailing the arbitrary action of the 4^th respondent, this Writ Petition came to be filed.

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Heard the learned counsel for petitioner and learned Government Pleader appearing for the Respondents.

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The learned counsel for petitioners would contend that there was batch of Writ Petitions filed questioning the action of the Government and Registering Authority in treating the dotted land as prohibited property for registration based on the entry in the RSR and this Court gave directions to register the lands holding that mere entries of the land as dots in RSR is not a conclusive proof of evidence that the land belongs to Government. As against that order batch Writ Appeals were filed, wherein the Hon’ble Division Bench directed the Government to constitute a Committee to deal with the grievance relating to the lands included in the prohibited property list, including the dotted land.

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On close perusal of the provisions of the A.P.Dotted Land (Act 10 of 2017) Act (for briefly herein after referred to as the Act) it reveals that as per Section 5 of the Act a District Level Committee is constituted, consisting of District Collector as the Chairperson, Joint Collector, Sub-Collector or Revenue Divisional Officer as members and the Tahsildar as member-convener. They are competent to hear and issue orders on the claims filed. Tahsildar shall file a claim before the District Level Committee. The District Level Committee shall dispose of the claim on merits and pass speaking orders within six months from the date of filing the claim by the Tahsildar. As per the provisions of Section 8 of the Act an appeal shall lie against the orders of the District Level Committee, before the Chief Commissioner of Land Administration within ninety days and the decision of the Chief Commissioner of Land

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Administration on such appeal shall be final. As per the provisions of Section 9 of the Act, the re-settlement register shall be updated within one month in pursuance of the orders passed under Section 7 or Section 8 of the Act as the case may be, as per the provisions of Section 10 of the Act and the dotted (….) land shall be updated in the name of person in column No.(16) of the re-settlement register and the land shall be deleted from the prohibited property list as notified under Section 22- A(1) of the Act, within one month from the date of the order passed under Section 7 or Section 8 of the Act.

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The Government of Andhra Pradesh has made rules vide G.O.Ms.No.298, Rev. (Assgn.I) Department dated 17.07.2017, which are called as Andhra Pradesh Dotted Lands (Updation in Resettlement Register) Rules, 2017 (for brevity the ‘ Rules ’). As per Rule 4(c) of the Rules once an application is made, Tahsildar has to enquiry into the same by issuing notice to all the interested persons and affixing notices on the notice board of the Tahsildar, Gram Panchayat office and Village Revenue Office, Primary Agricultural Cooperative Society and any other conspicuous places of the village. Wide publicity shall be given by beat of tom-tom for filing of written objections by any interested person within thirty days from the date of publication of the notice by the Tahsildar/convenor concerned. As per Rule 4 (d) of the Rules Tahsildar shall maintain a Register of objections received in each claim, village-wise and after receiving objections, the Tahsildar shall fix a date for conducting enquiry in the village itself. After completion of enquiry, the Tahsildar shall prepare a comprehensive report and place it before District Level Committee for taking a decision. Rule 4 (m) mandates that the District Level Committee shall take a decision on the report submitted by the Tahsildar after

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perusing the claim, objections, evidences, records, etc., and shall pass speaking orders under Section 7 of the Act, within six months from the date of filing the claim.

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An appeal under Rule 5 of the Rules has to be filed before the Chief Commissioner of Land Administration against the orders of the District Level Committee. The Chief Commissioner of Land Administration shall hear and dispose of the appeal on merits and shall issue speaking order under Section 8 within ninety days. Once an order is passed either under Section 7 or 8, the Tahsildar concerned shall update the re-settlement register and other revenue records including digitally maintained records duly deleting the dotted (….) lines within one month from the date of the order passed under Section 7 or 8 of the Act, as the case may be. As per Rule 7 of the Rules, the District Collector shall furnish the list of lands to the authorities concerned for deletion from the prohibitory list already furnished to Registration Department under Section 22-A(1) of the Act within one month from the date of the order passed under Section 7 or Section 8 of the Act, the Registering Officer concerned shall act as per the list furnished by the District Collect under Rule 7(a) deleting the land from the prohibited list furnished under Section 22-A(1) of the Act.

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As per the provisions of the Act, a duty is cast upon the respondents to update the re-settlement register and other revenue records including digitally maintained records duly uploading the orders passed under Section 7 or Section 8 of the Act within one month from the date of the order. As per Rule 7 of the Rules, the District Collector shall furnish the list of the lands to the concerned registering authority within one month from the date of the order under Section 7 or Section 8 as the case may be and on

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such furnishing of the details, the registering authority shall delete the entries. This court on elaborate discussion on the legal position passed order in W.P.No.12515 of 2020 dated 31.07.2020, in similar set of circumstances and directed the respondents to delete the land from prohibited property list and register the same.

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Following the orders passed by this Court in W.P.No. 12515 of 2020 dated 31.07.2020 there shall be a direction to the respondents to delete the petitioner’s land an extent of Ac.3.51 cents situated in Sy.No.97/1 of Railway Koduru Revenue Village of K.Buduguntapally Gramapanchayati, Railway Koduru Mandal, Kadapa District from the prohibited property list maintained under Section 22-A of the Act and receive the proposed sale deed to be presented by the petitioner and register and release the same as per the provisions of the Registration Act, within a period of six (06) weeks from the date of receipt of a copy of this order.

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