IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos : 5761 of 2009 and 19473, 19500, 19519 and 19516 of 2008 WRIT PETITION NO : 5761 of 2009 Between: 1 Srikakulam Narasimhulu S/o.late Radha Krishnaiah R/o.D.No.7/529-1, N.G.O's Colony, Chinnachowk, Kadapa City & District. 2 Srikakulam Krishna Murthy S/o.late Radha Krishnaiah R/o.D.No.7/529-1, N.G.O's Colony, Chinnachowk, Kadapa City & District. ..... PETITIONERS AND 1 The State of Andhra Pradesh, represented Its Collector, Kadapa District, Kadapa. 2 The Tahsildar, Kadapa Mandal, Kadapa District. 3 The Sub-Registrar of Assurances, Registration and Stamps Department, Kadapa, Kadapa District. 4 Sayyad Balkeeshanadi W/o.Abdul Hakeem R/o.Door No.9-724, Aagadi Street, Kadapa City & District. 5 Thota Laxi Narsamma W/o.Laxmaiah R/o.C/o. T.Subramanyam, Journalist Colony, Ramanjaneyapuram, Kadapa-II, Kadapa City & District. 6 Aakula Gangamma W/o.Ramalingaiah R/o.C/o. T.Subramanyam, Journalist Colony, Ramanjaneyapuram, Kadapa-II, Kadapa City & District. 7 Phoguri Chengamma W/o.Sivaiah R/o.C/o. T.Subramanyam, Journalist Colony, Ramanjaneyapuram, Kadapa-II, Kadapa City & 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 an appropriate writ order or direction one in nature of Writ of Certiorari calling for the records relating to the assignments in DKT patta No.1181/75, dated 02.11.1966, and D.K.T. Patta Nos. 122/1404, 123/1404 and 124/1404 dated 02.11.1994 respectively and also Pattadar Pass Books and Title Deeds relating to the land in an extent of Ac.8.00 cents out of Ac.12.00 cents in Sy.No. 414 of Chinnachowk village Fields, Chinnachowk, Kadapa City & District, belong to the petitioners, granted in favour of the respondents Nos. 4 to 7 herein respectively and declare the same as illegal, arbitrary, colorable exercise of power, without jurisdiction and violative of the fundamental and constitutional rights guaranteed to the petitioners under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the same. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for Respondent Nos.1 to 3: GP FOR REVENUE Counsel for Respondent Nos.5 to 7:MRS. S. PARINEETA The Court made the following : WRIT PETITION NO : 19473 of 2008 Between: 1 Srikakulam Narasimhulu S/o.late Radha Krishnaiah resident of D.No.7/529-1, N.G.O's Colony, Chinnachowk, Kadapa City and District. 2 Srikakulam Krishna Murthy S/o.late Radha Krishnaiah resident of D.No.7/529, N.G.O's Colony, Chinnachowk, Kadapa City and District. ..... PETITIONERS AND 1 The State of Andhra Pradesh Rep. its District Collector, Kadapa District, Kadapa. 2 The Tahsildar, Kadapa Mandal, Kadapa District. 3 The Sub Registrar of Assurances, Registration and Stamps Department, Kadapa, Kadapa 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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring the Refusal Order No.2/2008 dated 5.8.2008 issued by the 3rd respondent herein at the instance of the 2nd respondent, as arbitrary, illegal, contrary to the provisions of the Registration Act, 1908, settled principles of legal position and violative to the fundamental and Constitutional rights guaranteed to the petitioners under articles 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the 3rd respondent to register the Agreement of Sale-cum-Irrevocable General Power of Attorney executed in favour of Sri Smt.K.Subhasri and presented on 31.7.2008. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondents: GP FOR REVENUE The Court made the following : WRIT PETITION NO : 19500 of 2008 Between: 1 Srikakulam Narasimhulu S/o.Late Radha Krishnaiah Resident of D.No.7/529-1 NGO Colony Chinnachowk, Kadapa City and District 2 Srikakulam Krishna Murthy S/o.Late Radha Krishnaiah Resident of D.No.7/529 NGO Colony Chinnachowk, Kadapa City and District ..... PETITIONERS AND 1 The State of Andhra Pradesh, rep.its District Collector Kadapa District,Kadapa 2 The Tahsildar, Kadapa Mandal, Kadapa district 3 The Sub Registrar of Assurance , Registration and Stamps Department, Kadapa,Kadapa 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 an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the Refusal Order No.3/2008 dated 5.8.2008 issued by the 3rd respondent herein at the instance of the 2nd respondent as arbitrary, illegal, contrary to the provisions of the Indian Registration Act 1908 settled principles of legal position and violative to the fundamental and Constitutional rights guaranteed to the petitioners under articles, 14,19,21 and 300-A of the Constitution of India and consequently direct the 3rd respondent to register the Agreement of Sale-cum-Irrevocable General Power of Attorney executed in favour of Smt.V.Vijaya Lakshmi and presented on 31.7.2008. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondents: GP FOR REVENUE The Court made the following : WRIT PETITION NO : 19519 of 2008 Between: 1 Srikakulam Narasimhulu S/o.Late Radha Krishnaiah Resident of D.No.7/529-1 NGO Colony Chinnachowk, Kadapa City and District 2 Srikakulam Krishna Murthy S/o.Late Radha Krishnaiah Resident of D.No.7/529 NGO Colony Chinnachowk, Kadapa City and District ..... PETITIONERS AND 1 The State of Andhra Pradesh, rep.its District Collector Kadapa District,Kadapa 2 The Tahsildar, Kadapa Mandal, Kadapa district 3 The Sub Registrar of Assurance , Registration and Stamps Department, Kadapa,Kadapa 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 an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the Refusal Order No.4/2008 dated 5.8.2008 issued by the 3rd respondent herein at the instance of the 2nd respondent as arbitrary, illegal, contrary to the provisions of the Registration Act, 1908, settled principles of legal position and violative to the fundamental and Constitutional rights guaranteed to the petitioners under articles, 14,19,21 and 300-A of the Constitution of India and consequently direct the 3rd respondent to register the Agreement of Sale-cum-Irrevocable General Power of Attorney executed in favour of Sri Gollapalli Lakshmi Reddy and presented on 31.7.2008. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondents : GP FOR REVENUE The Court made the following : WRIT PETITION NO : 19516 of 2008 Between: 1 Srikakulam Narasimhulu S/o.Late Radha Krishnaiah Resident of D.No.7/529-1 NGO Colony Chinnachowk, Kadapa City and District 2 Srikakulam Krishna Murthy S/o.Late Radha Krishnaiah Resident of D.No.7/529 NGO Colony Chinnachowk, Kadapa City and District ..... PETITIONERS AND 1 The State of Andhra Pradesh, rep.its District Collector Kadapa District,Kadapa 2 The Tahsildar, Kadapa Mandal, Kadapa district 3 The Sub Registrar of Assurance , Registration and Stamps Department, Kadapa,Kadapa 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 an appropriate order or direction more particularly one in the nature of writ of mandamus declaring the Refusal Order No.5/2008 dated 5.8.2008 issued by the 3rd respondent herein at the instance of the 2nd respondent as arbitrary, illegal, contrary to the provisions of the Indian Registration Act 1908 settled principles of legal position and violative to the fundamental and Constitutional rights guaranteed to the petitioners under articles, 14,19,21 and 300-A of the Constitution of India and consequently direct the 3rd respondent to register the Agreement of Sale-cum-Irrevocable General Power of Attorney executed in favour of Smt.V.Vijaya Lakshmi and presented on 31.7.2008. Counsel for the Petitioner:MR.V.R.REDDY KOVVURI Counsel for the Respondents: GP FOR REVENUE The Court made the following : COMMON ORDER: These writ petitions are interrelated. Hence, they are disposed of through a common order. For the sake of convenience, the parties are referred to as arrayed in W.P.No.5761 of 2009. The petitioners state that their great grand father, by name, Srikakulam Narasappa, was the owner and possessor of Acs.12.00 of land in Sy.No.414 of Chinnachowk Vllage, Kadapa District and that the same has devolved upon them. They intended to sell Acs.8.00 of land and presented four agreements of sale-cum-General Power of Attornies before the third respondent-Sub-Registrar of Assurances, Kadapa. Through an endorsement, dated 05.08.2008, the third respondent refused to admit the documents for registration, on the ground that the land in question was assigned in favour of various divisions, as per the list of assigned lands furnished by the Tahsildar, Kadapa, on 31.03.2007. The petitioners filed W.P.Nos.19473, 19500, 19519 and 19516 of 2008 challenging the respective endorsements, dated 05.08.2008 made by the third respondent in each of the writ petitions. In the counter-affidavit filed in these writ petitions, it was mentioned that though according to the RSR of the village, Narasappa was the pattadar, over the years, the land was assigned in favour of different individuals i.e., respondents 4 to 7. The particulars thereof were also mentioned. Challenging the assignments, which are mentioned in the counter-affidavits filed by the respondents in W.P.No.19473 of 2008 by the Tahsildar, they filed W.P.No.5761 of 2009. The petitioners contend that when admittedly the land was owned by their great grand father, the question of assignment of the same to respondents 4 to 7 does not arise. On behalf of respondents 4 to 7 in W.P.No.5761 of 2009, a detailed counter-affidavit is filed. It is mentioned that the assignments were made way back in the year 1994 and the same cannot be interfered with, at this stage. Heard Sri K.V.R.Reddy, learned counsel for the petitioners, learned Government Pleader for Revenue, and Mrs S. Parineeta, learned counsel for respondents 4 to 7. Normally, one comes across large number of cases, where private individuals occupy the Government lands and claim ownership rights. This is a rare case, in the reverse direction. Admittedly, the land in Sy.No.414 of Chinnachowk Village, was recorded as patta, in the name of great grand father of the petitioner. The same is evident as per the RSR of the village. In the counter-affidavit filed in W.P.No.19519 of 2008, the Tahsildar made the following statement: “In this connection it is submitted that as per RSR of Chinnachowk the land in S.No.414 is classified as patta land stands in the name of Srikakulam Narasappa. But as seen from the entries made in the RSR of Chinnachowk, S.No.414 is subdivide as detailed below vide 8A/85/76 for assignment 86/85 S.No. Extent in Acres 414/1 4.00 414/2 4.00 414/3 4.00 Total 12.00 And the same has also been assigned in the year 1966 in the DKT No. noted against each. 10(1) Account 414/1 4.00 Amuru Muthyalu 1182/75 dt. 02.11.1966 855 414/2 4.00 Anumala Gutti 1180/72 dt.02.11.1966 856 Palakondaiah 414/3 4.00 Syed Hussaian 1181/75 dt.02.11.1966 857 The land in S.No.414/2 extent Ac.4.00 resumed to Government and again subdivided as per 8A/2/1404 and assigned to the following persons. 414/2 1.50 Thota Lakshmi Narasamma DKT No.122/1404 414/2A 1.50 Poguru Chengamma DKT No.123/1404 W/o, Sivaiah 414/2B 1.00 Akula Gangamma DKT No.124/1404 The only justification pleaded in this context is that the land may have been relinquished by the original owner. The circumstances under which the patta land came to be treated as Government land or as to how it was assigned to others, are not explained at all. Once the respondents have admitted that the ancestors of the petitioners are the pattadars, the assignment thereof in favour of respondents 4 to 7 cannot be justified in law. This is an instance of arbitrary and highhanded action of the officials of the revenue department, at the relevant point of time. The action of the Government in assigning a private land can be sustained in law. There would have been some difficulty for this Court in granting the relief to the petitioners, had the assignees i.e., respondents 4 to 7 been in possession of the land. The record discloses that though the assignments were made either in 1996 and 1994, the possession of the land continued to be with the petitioners. Therefore, the assignment is in favour of respondents 4 to 7 was of no consequence, vis-à-vis the petitioners. At the same time, respondents 4 to 7 cannot be left in lurch. The respondents 1 to 3 have, in fact, given them false hope by assigning the land. They did not make any attempt to ensure that the assignees are put in possession. Even now, respondents 4 to 7 deserved to be assigned the Government lands, if available in the village. Hence, (a) W.P.No.5761 of 2009 is allowed, setting aside the alleged assignment of the land to an extent of Acs.12.00 in Sy.No.414 of Chinnachowk Village, Kadapa in favour of respondents 4 to 7. (b) W.P.Nos.19473, 19500, 19519 and 19516 of 2008 are allowed setting aside the impugned endorsements, dated 05.08.2008, and the third respondent herein, i.e., the registering authority, is directed to entertain the documents presented by the petitioners and process the same, without treating the land as an assigned one. (c) The District Collector and the Tahsildar shall consider the case of respondents 4 to 7 for assignment of land, as early as possible. ______________________ L.NARASIMHA REDDY, J Date:20.04.2009 sj