Andhra Pradesh High Court - Amravati
The vs & 3 In Not Implementing The Orders Of 4Th on 10 March, 2022
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
1
THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
Writ Petition No.5972 of 2022
ORDER:
The petitioner seeks a mandamus declaring the action of respondents 2 & 3 in not implementing the orders of 4th respondent vide proceedings in R.Dis.E6/155/2022 dated 10.02.2022 whereunder the 4th respondent directed the 2nd respondent to delete the petitioner's land to an extent of Ac.1.11 cents in Sy.No.953-A1A2A situated in Kanupuru Bit-I Village, Venkatachalam Mandal, SPSR Nellore District, from the list of prohibited properties maintained under Section 22(A) of the Registration Act, 1908, though the said orders were implemented by 6th respondent, as illegal and arbitrary and for a consequential direction.
2. The petitioner's case succinctly is thus:
(a) The petitioner is the absolute owner and possessor of the land to an extent of Ac.1.11 cents in Sy.No.953-A1A2A situated in Kanupuru Bit-I Village, Venkatachalam Mandal, SPSR Nellore District having purchased the same vide registered document No.562/2016 dated 21.04.2016, accompanied by the link documents for the year 1984, he and his predecessors have been in continuous possession of the said land for more than 12 years.
(b) While the matter stood thus, as in the diglot of the said survey number there are dots, they were kept in prohibited list of properties. So, the petitioner made a representation to 4th respondent to recognize the subject land as patta land and delete it from the dotted lands and also from the prohibitory list. Then the 4th respondent, after thorough enquiry, passed the order in R.Dis.E6/155/2022 dated 10.02.2022 with a specific direction to 6th 2 respondent to treat the land of petitioner as patta land and delete it from the list of dotted lands and incorporate the changes in Resettlement register / Diglot and other revenue records and also with a further direction to 2 nd respondent to delete the land of petitioner from the list of prohibited properties. The order of 4th respondent is duly communicated to other respondents and in the revenue records the proceedings of 4 th respondent are duly recorded and the dots over the land of the petitioner are duly removed, but unfortunately the order of 4th respondent is not complied with by the respondents 2 & 3 till date for the reasons best known to them.
Hence, the present writ petition.
3. Heard Smt. K.Pallavi, learned counsel for petitioner, and learned Assistant Government Pleader for Revenue representing the respondents 1, 4, 5 & 6, and learned Assistant Government Pleader for Stamps & Registration representing the respondents 2 & 3.
4. A perusal of the proceedings in R.Dis.E6/155/2022 dated 10.02.2022 would show that the District Level Committee upon thorough enquiry held that the subject land i.e., Ac.1.11 cents in Sy.No.953-AIA2A should be deleted from the dotted lands and recorded as patta land and issued directions in that regard to the District Registrar, Nellore to delete the above scheduled land from the prohibitory properties list maintained under Section 22A of the Registration Act, 1908. Further, the Committed has requested the Joint Collector (RB&R), SPSR Nellore to enable Adangal correction and to make necessary changes in the respective columns of the Village Adangals i.e., 6 th and 15th columns if there are entries as "Government land" duly mutated the same as patta land and also correcting the notations if any allowed in the order 3 within seven days from the date of receipt of the order. The Committee also directed the Tahsildar, Venkatachalam to take necessary action in consonance with the orders of the Joint Collector to carry out Adangal correction / mutation and report compliance.
5. Learned Assistant Government Pleader for Revenue has not produced any record before this Court to show that the Government has carried out further legal course of action against the above proceedings of the District Level Committee. Therefore, there is no reason for the respondents 2 & 3 for not implementing the order of 4th respondent. Further, it is informed that in similar circumstances, this Court, in W.P.No.30989/2021 by order dated 25.02.2022 passed an order directing the 6th respondent therein to delete the subject lands from the prohibitory list maintained under Section 22(A) of the Registration Act, 1908 and receive, register and release the documents submitted by the petitioners therein, if they are otherwise in order, within stipulated time.
6. In that view of the matter, this Writ Petition is disposed of in terms of the order of this Court in W.P.No.30989/2021 dated 25.02.2022. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 10.03.2022 Note: Registry is directed to enclose copy of the order in W.P.No.30989/2021 to this order (B/o) MVA/CHD