IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4197 of 2008 Between: 1 Rayai Appa Rao S/o.Peda Jogulu, R/o.Papayya Santha Palem(V) Anakapalli(M) Visakhapatnam Dist 2 Rayai Jogi Naidu S/o.Peda Jogulu, R/o.Papayya Santha Palem(V) Anakapalli(M) Visakhapatnam Dist 3 Rayai Satya Rao, S/o.Peda Jogulu, R/o.Papayya Santha Palem(V) Anakapalli(M) Visakhapatnam Dist ..... PETITIONER(S) AND 1 The State Of A.P Rep.by its Principal Secretary,Revenue(Registration) Secretariat,Hyd 2 The Dist Collector Visakhapatnam 3 The Revenue Divisional Officer Visakhapatnam 4 The Tasildar Anakapalli(M) Visakhapatnam 5 The Sub-Registrar, Registration and Stamps Sabbavaram(M) Visakhapatnam Dist .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ,order or direction,more particularly one in the nature of writ of Mandamus declaring the action of the respondents in treating the petitioners land as government land though it is a private patta land in Sy.No.173/1 situated at P.S Palem (V) Anakapalli(M) Visakhapatnam and not receiving and the registering the documents presented by the petitioner in respect of the said property as being arbitrary illegal and unreasonable and issue a consequential direction directing the fifth respondent to register the document presented by the petitioners by taking into consideration of the proceedings of the Tahsildar dt.05-05-2006 without reference to G.O.Ms.No.45 dt.10-01-2005 and pass Counsel for the Petitioner:MR.P.LAKSHMA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 4197 of 2008 Oral order: Aggrieved by the action of respondent No.5, namely the Sub Registrar, in refusing to receive and register the document presented by them for registration on the ground that the land covered by Sy. No. 173/1, situated in P.S. Palem village, Anakapalli Mandal, Visakhapatnam, in respect of which they are seeking registration is a government land, as notified by the Government vide G.O. Ms. No. 45, Revenue (Registration. I), dated 10.01.2005, issued under Section 22-A of the Registration Act, 1908, the petitioners filed the present writ petition. The learned counsel for the petitioners submitted that the land in question is a private land, and though the Government in exercise of powers under Section 22-A of the Registration Act, 1908, issued G.O. Ms. No. 45, dated 10.01.2005, notifying the land in question as government land, the fact remains, the 4th respondent, namely the Tahsildar, Anakapalli, has addressed letter dated 05.05.2006 to the 2nd respondent, namely the District Collector, Visakhapatnam, informing him that the land in question has been erroneously notified as government land, and as such, necessary steps be taken on the proposals sent by him for denotifying the same as government land, and therefore, he contends that the action of the 5th respondent in refusing to receive and register the document presented by the petitioners for registration in respect of the land in question is illegal and arbitrary. The learned Assistant Government Pleader for Revenue appearing on behalf of the respondents having received fax instructions from the 2nd respondent, namely the District Collector, Visakhapatnam, submitted that the 4th respondent, namely the Tahsildar, Anakapalli, and the 3rd respondent, namely the Revenue Divisional Officer, Visakhapatnam, had already recommended for deletion of entries in respect of Sy. No. 173/1, admeasuring an extent of Ac.22-17 cents of Papayyasanthapalem village of Anakapalli Mandal, and the same is under consideration for excluding the said land from the notification issued under Section 22-A of the Registration Act, 1908. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue for the respondents. Since the land in question is said to have been erroneously notified as government land under Section 22-A of the Registration Act, 1908, and having regard to the fact that steps to exclude the land in question from the notification have already been taken, as is evident from the copy of instructions received from the 2nd respondent, namely the District Collector, Visakhapatnam, I deem it appropriate to dispose of the writ petition with the following directions: The 5th respondent, namely the Sub-Registrar, Sabbavaram, shall, without taking any objection that the land is notified under Section 22-A of the Registration Act, 1908, receive the documents to be presented by the petitioners for registration, process and register the same in accordance with law, if they are otherwise in order. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 28th March, 2008. KSR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}