IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO and THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NO : 1420 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 08/07/2008 in WP NO : 119 OF 2008 on the file of the High Court.) Between: 1 The District Collector, Kadapa, Kadapa District. 2 The Tahsildhar (M.R.O.,) Chennur (M), Kadapa District. 3 The Village Revenue Officer, Upparapalli Panchayat, Dugganapalli, Chennur Mandal, Kadapa District. 4 The Joint Sub-Registrar, Chennur Mandal, Kadapa District. 5 The District Registrar, Kadapa, Kadapa District. ..... APPELLANT(S) AND Moopuru Bharathi, W/o M.Gangi Reddy, R/o Drivers Kottalu, Y.M.R.Colony, Proddutur Town, Kadapa District. .....RESPONDENT Counsel for the Appellant:GP FOR REVENUE Counsel for the Respondent No.: MR.KADASANISUDERSHAN REDDY The Court made the following : JUDGMENT: (Per the Hon’ble Sri Justice B.Prakash Rao) Heard the learned Government Pleader for Revenue and Sri K.Sudershan Reddy, for the respondent, and at their request, the main appeal itself is taken up for disposal. The appellant is the Government which by way of this appeal seeks to assail the orders of the learned Single Judge in W.P.No.119 of 2008 dated 08-07-2008 whereby the writ petition ﬁled by the respondent, seeking for a writ of mandamus declaring the action on the part of the appellants in not permitting to execute a registered sale deed in respect of the land in question on the ground that it belongs to Government, was allowed. The brief facts which gave raise to present proceedings are that when the respondent herein/the writ petitioner sought to execute a registered sale deed in favour of one Smt.V.Padmavathi, the same was refused on the ground that the said land in Sy.No.117 of Upparapalli Panchayat Dugganapalli village, Chennur Mandal, Kadapa DIstrict falls under the Government land and hence, the same cannot be registered. It is this memo which has been assailed by the respondent in the writ petition. The learned Single Judge after taking into consideration the submissions made on either side had gone into the very title aspect in respect of the said land and it was held that since the records produced by the learned Government Pleader clearly indicate the assignment granted in favour of the vendee of the petitioner and therefore, it cannot be said that the subject matter of the land is still a government land. Hence, allowed the writ petition and directed to register the land and release the documents. Hence, this appeal. Having considered the submissions made and also on perusal of the material the twin questions which fall for consideration are viz., 1) the correctness of the memo issued by the appellants to refuse to register the land on the ground that the land belongs to Government; and the powers of this Court under Article 226 of the Constitution of India to go into the question of title and possession either way. As far as the ﬁrst aspect is concerned, it is now well settled that the registering authorities cannot refuse registration of the land on the ground that it belongs to Government. Any such circulars or memos issued by the authorities or the registering authorities directing them not to register were set aside. In view of the same, we hold that there could not have been any such memo nor any refusal on the part of the registering authority to refuse on the ground that the same belongs to the appellant. Coming to the second aspect, the powers of this Court, it being only exclusive jurisdiction, the question of going into the facts much less coming to any conclusion does not arise beyond the scope and outside the purview and parameters of Article 226 of the Constitution of India. Hence, we set aside the ﬁnding given by the learned Single Judge to the eﬀect that the subject matter of the land cannot be said to be still government land. However, it is left open to the appellants to avail appropriate remedies under law for establishing their right, title or interest whatsoever in nature. The Writ Appeal is partly allowed to the extent of setting aside the memo issued by the appellants herein refusing to register the land on the ground that the said land belongs to Government. The registering authorities shall register the said land. However, the same would not have any eﬀect or binding nature on the appellants herein. No costs. _________________ B.PRAKASH RAO, J _________________ 10th November, 2008 R.KANTHA RAO, J SKM