IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5350 of 2009 Between: S.V.Narsimulu S/o.Venkata Krishnaiah R/o.Nellore, Pottisreeramulu Nellore District. ..... PETITIONER AND 1 The Sub-Registrar, Muthukuru, Pottisreeramulu Nellore District. 2 The Tahsildar, Venkatachalam Mandal, Pottisreeramulu Nellore 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 more particularly one in the nature of Writ of Mandamus declaring action of the 1st respondent in not receiving the gift deed and registering the same in respect of the land in Sy.No. 1411/1A admeasuring Ac.3-18 cents situated at Survepalli Bit II, Venkatachalam Mandal, Nellore District as arbitrary, illegal, failure to exercise power, violative of the procedure contemplated under the Registration Act, 1908, violative of the Fundamental Rights guaranteed under Articles 14, 19 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the 1st respondent to register the gift deed and pass. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following : ORAL ORDER: The petitioner claims to be the owner of Ac.3.18 cents of land in S.No.1411/1A situated at Survepalli Bit II, Venkatachalam Mandal, Nellore District. He intended to gift the said property to his daughter. For that purpose he made enquiries with the first respondent-Sub-Registrar, Muthukuru. On being informed that the land was included in the list of assigned lands, he approached the Tahsildar, Venkatachalm Mandal, the second respondent herein, who in turn issued a certificate dated 28.08.2007 stating that the land in the above survey number mentioned along with 2456/1 is a patta land, but by mistake in the registration deed and pattadar pass book it was mentioned as the assigned land. On receiving the communication, the Sub-Registrar addressed a letter, dated 1.09.2007 to the District Collector, Nellore, seeking clarification. The grievance of the petitioner is that the first respondent has not registered the document so far in the name of awaiting clarification. Heard learned counsel for the petitioner and learned Government Pleader for Revenue. The second respondent was not clear as to the nature of the property. The certification became necessary in view of the prohibition contained under Section 22-A of the Registration Act. But it appears that the land held by the petitioner was treated as the one in S.No.2456/1 of that village and was mentioned that it is assigned land. The certificate, dated 28.08.2007 issued by the second respondent is also not clear in its purport. It is in this context the first respondent sought clarification from the District Collector. Unless and until necessary clarification from the District Collector, the first respondent cannot be expected to register the document. Hence the writ petition is disposed of directing the District Collector, to whom a copy of the order shall be marked, shall issue necessary clarification as requested by the first respondent through his letter dated 1.09.2007, within a period of four weeks from the date of receipt of a copy of this order. The first respondent in turn shall take steps depending upon the nature of the clarification received by him. There shall be no order as to costs. ______________________ (L. Narasimha Reddy, J.) 17th March, 2009 Note: Issue copy to District Collector, Nellore. (B/o) Js.