Andhra Pradesh High Court - Amravati
T.Khasim Khan vs The State Of Andhra Pradesh, on 10 November, 2022
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.11358 of 2015
ORDER
This Writ Petition is filed under Article 226 of the Constitution of India seeking following relief:
"...to issue a Writ or direction more
particularly one in the nature of Writ of
Mandamus declaring the action of the 3rd
respondent in including the land an extent of Ac.0-31 2/3 cents in Sy. No.193/2, Kalakada Village and Mandal, Chittoor District in the list of Government lands basing on the dots in RSR as arbitrary, illegal and unconstitutional and consequently direct the 4th respondent to entertain the sale deed for registration in accordance with law and pass such pass..."
2. During the course of hearing, learned counsel for the petitioner submitted that the subject matter of the Writ Petition is squarely covered by the orders passed by this Court in W.P.No.1696 of 2020, dated 13.02.2020, wherein this Court held that the Tahsildar is not competent to include the property in prohibitory list under Section 22-A 2 (1)(b) of the Act and the District Collector alone is competent to include any property or exclude any property from prohibitory list, published under Section 22-A (1)(b) of the Act.
3. In cases relating to entries in RSR containing Dots, this Court on 31.12.2012, in W.P. No.30526 of 2012 and batch categorically held that the land cannot be treated as Government Land unless a notification has been issued under sub-Section (2) of Section 22-A of the Act and that the registering officers shall not refuse to receive and register the documents".
4. Therefore, in the instant case, it appears from the averments of the counter affidavit of the 4th respondent that, the 3rd respondent-Tahsildar, Kalakada, through letter No.B/123/12, dated 10.07.2012, while communicating a list of Government/DKT lands, requested the 4th respondent not to entertain any registrations in respect of the lands situated in Sy. No.193/2 of Kalakada Village and Mandal, Chittoor District. Prima facie, the 3rd respondent-Tahsildar included the subject land in the prohibited properties list 3 without having any authority which is illegal, arbitrary and contrary to the law. It is not in dispute that the subject lands were shown as dotted lands.
5. In view of the law laid down in W.P. No.30526 of 2012, the action of the respondents in refusing to register the documents on the ground that the subject lands were included in the list of prohibited properties as Dotted Lands is illegal, arbitrary and he has no power or jurisdiction to include the properties in the prohibited list.
6. The other point to be considered in this case is that the respondent No.3-Tahsildar does not have any jurisdiction to include or exclude the properties in the prohibitory list. The State Government issued certain guidelines vide Circular Memo No.G1/19131/05, dated 14.09.2007, 1st para of the memo is relevant for the purpose of deciding the real controversy, which reads as follows:
".. For the purposes of Section 22-A(1)(a) all the District Collectors shall furnish lists of properties prohibited under the statutes to the Registering Officers having jurisdiction over such property and also the District Registrar, Deputy Inspector General (R & S) 4 concerned and to Commissioner & Inspector General of Registration and Stamps in the proforma appended in Annexure I under proper acknowledgement. Subsequent additions, if any also shall be sent in the same manner. The list must be signed by Collector/Joint Collector of the District."
7. Hence, the action of the 3rd respondent in including the subject land in the prohibitory properties list under Section 22-A of the Registration Act, 1908 is illegal, arbitrary and without authority as per law and without jurisdiction. This Court also feels it appropriate to direct the Sub-Registrar-respondent No.4 to receive and register the document presented by the petitioner, in accordance with Section 71 of the Registration Act, 1908, which reads as follows:
"(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, 5 under the provisions hereinafter contained, the document is directed to be registered."
8. In view of the above stated reasons, this writ petition is allowed by declaring the action of the respondents in including the subject property in the prohibited list as illegal, arbitrary and consequently, the 4th respondent is further directed to receive and register the documents submitted by the petitioner as per the provisions of Section 71 of the Act within a period of eight (8) weeks from the date of receipt of a copy of this order without referring to the letter No.B/123/12, dated 10.07.2012 issued by the Tahsildar. There shall be no costs.
Consequently, miscellaneous petitions, pending if any, shall stand closed.
_______________________ JUSTICE V.SUJATHA Date: 10.11.2022 ASH 6 212 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.11358 of 2015 Date: 10.11.2022 ASH