IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25376 of 2007 Between: Shaik Khader Basha S/o.Shaik Imam Saheb R/o.D.No.7-159, 7th Ward, Lade Saheb Street, Kanigiri (V&M), Prakasam District. ..... PETITIONER AND 1 The Sub-Registrar, Kanigiri (V&M) Prakasam District. 2 The District Registrar, Prakasam Bhavan, Ongole, Prakasam District. 3 The Tahsildar, Kanigiri Mandal, Prakasam District. 4 Kopparapu Subba Rao S/o.K.Rangaiah D.No.8/220, Gunuputivari Street, Andhra Bank Lane, Kanigiri (V&M), Prakasam District. ...RESPONDENTS 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 issue any appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not registering the property of the petitioner an extent of Ac.0.34 cents (645.60 sq.yards) in Survey No. 192 of Sankavaram Gram Panchayat, H/o. Machavaram, Kanigiri (M), Prakasam District on oral instructions of 3rd respondent not to register the petitioner property as being illegal, arbitrary, unjust, unconstitutional and violative of Art. 14, 300-A of the Constitution of India and consequently direct the 1st respondent to register the petitioner property an extent of Ac.0.34 cents (645.60 sq.yards) in Survey No. 192 of Sankavaram Gram Panchayat, H/o. Machavaram, Kanigiri (M), Prakasam District after due compliance of the stamp duty as per the Act & Rules in favour of 4th respondent to the satisfaction of the petitioner and pass such other or further orders. Counsel for the Petitioner: MR.Y.VENKATASATYAM Counsel for the Respondents No.: GP FOR REVENUE The Court made the following : ORDER: The petitioner filed this writ petition seeking a direction to the 1st respondent to register his property in an extent of Ac.0.34 cents (645.60 sq.yards) in Survey No. 192 of Sankavaram Gram Panchayat, H/o. Machavaram, Kanigiri (M), Prakasam District after due compliance of the stamp duty as per the Act & Rules in favour of 4th respondent. Heard the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Stamps and Registration. The case of the petitioner is that he is the owner of the land in S.No.192 situated at Shankaravaram Village, Kanigiri Mandal, Prakasam District and when he sought to alienate the said land, the Sub-Registrar is not entertaining the document. A counter affidavit is filed by respondents 1 and 2 inter alia stating that in the proceedings of the District Collector dated 31.10.2007, the land in S.No.192 of Shankaravaram Village, Kanigiri Mandal is shown as government assessed waste land and the said land is not recommended for issuing of ‘No Objection Certificate’. It is further stated that as per the provisions of Section 22-A of the Registration Act, there is a statutory prohibition for Registration of the government lands. When the petitioner approached the 1st respondent, he was informed about the proceedings and stated that the said land is a government land and thereafter without even presenting the document for registration, the petitioner has straight away approached this Court. However, it is stated that if the petitioner presents the document, the same will be received and processed and necessary orders would be passed in accordance with the provisions of the Stamps and Registration Act. Even though it is stated in the counter affidavit that the subject matter of land is a government land, it is too premature to say that the authorities are not going to entertain the documents filed by the petitioner. In the circumstances, the petitioner is directed to present the document and the Sub-Registrar is directed to receive the same and after processing, pass appropriate orders in accordance with law. With the above direction, the writ petition is disposed of. ___________________ N.V. RAMANA, J. Date: 22.07.2008 msv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub-Registrar, Kanigiri (V&M) Prakasam District. 2 The District Registrar, Prakasam Bhavan, Ongole, Prakasam District. 3 The Tahsildar, Kanigiri Mandal, Prakasam District. 4 2CCs to Govt.pleader for Revenue, High Court of A.P. Hyd. 5 2CD copies