IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4603 of 2008 Between: Chowdavarapu Manju W/o. Ranga Rao R/o. 3-4-34/3, Telephone Exchange Street, Narasinga Rao Peta, Anakapalle Town, Visakhapatnam District. ..... PETITIONER AND 1 The State of A.P., Rep. by its Principal Secretary, Revenue (Registration & Stamps) Department, 2 The Sub Registrar, Registration & Stamps Department, Anakapalle, Visakhapatnam District. 3 The District Collector, Visakhapatnam District. .....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 Mandamus declaring the action of the 2nd respondent in keeping pending the document No.P23/2007 pertaining to an extent of Ac 0.58 1/2 cents of land situated in SY.No. 442/2 , Sundarayya Peta H/o. Sitanagaram Village, Anakapalle Mandal, Visakhapatnam District, without registering the same as illegal, arbitrary and without jurisdiction and consequently direct the 2nd respondent to register and release the said document and pass Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4603 of 2008 ORAL ORDER: This writ petition is filed questioning the action of the 2nd respondent in not registering the documents received and kept pending as document No. P-23/2007 pertaining to an extent of Ac.0.58 ½ cents of land situate in Survey No. 442/2, Sundarayya Peta H/o Sitanagaram village, Anakapalle mandal, Visakapatnam district, as illegal and arbitrary. The case of the petitioner is that he has purchased an extent of Ac.0.58 ½ cents of land in Survey No. 442/2, Sundarayyapeta H / o Seethanagaram village, Anakapalle mandal, Visakapatnam district from one Sri Kundala Verru Naidu and presented the documents for registration to the second respondent on 21.2.2007. That the second respondent instead of registering and releasing the documents in favour of the petitioner, has kept them pending on the ground that a clarification from the District Collector is sought for and the same is awaited. The petitioner states that the Mandal Revenue Officer, Anakapalle vide letter dated 21.11.2006 had clarified that the land covered by Survey No. 444/2 is Zerayati land (private cultivable land) and the second respondent has no right whatsoever to keep the document pending. Learned counsel for petitioner submitted that the land covered by Survey No. 444/2 is a Zerayati land and the respondents cannot keep the document pending without registration, and placed reliance on the orders dated 6.8.2007, passed by this Court in W.P No. 6120 of 2007. The learned Assistant Government Pleader for Revenue admitted that once the land is declared as Zerayati, the second respondent cannot keep the document pending and he has to register it. Heard the learned counsel for petitioner and learned Assistant Government Pleader for Revenue. In a similar writ petition in W.P. No. 6120 of 2007, this Court by order dated 6.8.2007 had held that when the records do not disclose that the land is a government land, the registering authority cannot keep the document pending without registering it. The operative portion of the same reads as under; “….Today, the learned Government Pleader had placed before this Court a copy of the telegram issued, by the Mandal Revenue Officer, to the effect that the land in survey no. 1562/2 is classified as ‘Zeroyithi wet-land’ and it is not assigned or Government land. There would have been so justification for the 2nd respondent to entertain a doubt, had it been a case where the land was shown in the records as the one belonging to the Government in any manner. When the record does not disclose so, there was absolutely no justification for the 2nd respondent in keeping the document pending for such a long time. Further, the pattadar pass books, issued under the A.P. Rights in Land and Pattadar Pass Books Act, 1971, are to be taken on their face value. For the foregoing reasons, the writ petition is allowed and the 2nd respondent is directed to process the document, presented by the petitioner, and complete the necessary steps within a period of ten days from the date of receipt of a copy of this order. There shall be no order as to costs.” In the present case, the Mandal Revenue Officer vide his letter dated 21.11.2006 had clarified that the land covered by Survey No. 444/2 is Zerayati land (private cultivable land). When the land in question is said to be not government land and zerayati land, having regard to the orders dated 6.8.2007 passed by this Court in W.P. No. 6120 of 2007, the action of the second respondent in keeping the document pending without registering it on the ground that he has to obtain clarification, cannot be sustained. Hence, the writ petition is allowed. The second respondent is directed to process the document presented by the petitioner which is kept pending with him, and register the same in accordance with law if the same is otherwise in order, within a period of ten days from the date of receipt of copy of this order. No costs. ____________ N.V.RAMANA,J DATE: 18.3.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 4603 of 2008 Date: 18.3.2008