THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25972 of 2010 Date: 30.11.2010 Between: Smt.Papireddigari Yashodamma ..... PETITIONER AND The Revenue Divisional Officer, Madanapalli, Chittoor District and two others .....RESPONDENTS Counsel for the Petitioners: Sri S.LAKSHMINARAYANA REDDY Counsel for the Respondents: AGP FOR REVENUE The Court made the following : ORDER: This writ petition is filed for a mandamus to declare the action of respondent No.3 in insisting on No Objection Certificate from respondent No.2 for registration of document in respect of the land admeasuring Ac.3.39 cents in Survey No.200/2 and 75 cents in Survey No.203/6 of Gudarevupalli Revenue Village, Pilleru Mandal, Chittoor District, as arbitrary and illegal. Though time was taken, no counter-affidavit is filed. However, the learned Assistant Government Pleader for Revenue, on instructions, submitted that the entries in the RSR register show that the land is Government assessed waste. Sri S.Lakshmi Narayana Reddy, learned counsel for the petitioner placed before this Court order dated 01.11.2010 in W.P.No.3042 of 2010, wherein this Court has dealt with the land situated in the same survey number as the land involved in this writ petition. While dealing with similar contentions of the respondents, this Court held as under: “In the counter affidavit filed on behalf of respondent No.2, it is stated that the property in question is Government land in terms of Permanent A-Register prepared in the year 1914 and therefore, the same was included in the list of prohibited lands for registration, communicated to respondent No.3. While dealing with a similar situation, this Court in Shaik Dudekula Pyari Jan @ Lal Bi and others v. The Revenue Divisional Officer, Madanapalli, Office of the Revenue Divisional Officer, Punganur Road, Madanapalli, Chittoor District and others[1], held that mere entry in the RSR is not conclusive proof of title. The petitioners have specifically pleaded in the affidavit and the same is not denied by the respondents in the counter affidavit that several sale transactions through registered sale deeds have taken place from 1971 in respect of the same land. In my opinion, the reasoning of this Court in the above-mentioned judgment squarely applies to this case. Accordingly, this writ petition is allowed with a direction to respondent No.3 to entertain the documents presented by the petitioners for registration without treating the land as belonging to the Government. However, this order does not preclude the Government and its functionaries from asserting their title over the property in an appropriate Court of law.” In view of the reasoning contained in the above reproduced order, the writ petition is allowed and a mandamus be issued as prayed for. C.V.NAGARJUNA REDDY, J Date: 30.11.2010 va [1] W.P.No.6016 of 2010, dated 02.07.2010