THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.28080 of 2009 Date: 18.01.2010 Between: Vizag Social Profiles Organization and another. ..Petitioners and The State of Andhra Pradesh and others. ..Respondents THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.28080 of 2009 ORDER: The petitioners purchased an extent of Acs.9.76 cents of land in survey Nos.153/1 and 3 and 154/1 of Paradesipalem Village, Visakhapatnam Rural Mandal, Visakhapatnam District, from one Sri Devara Appaiah in the year 2006. The vendor of the petitioners was issued ryotwari patta in respect of the said land way back in the year 1957 under the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (‘the Act’ for short). The petitioners approached the Tahsildar, Visakhapatnam, the fourth respondent herein by filing an application, with a request to issue pattadar passbooks and title deeds in their favour, in respect of the said lands. The fourth respondent through the order dated 09.11.2008 rejected the application on the ground that the land belongs to the Government and it is notified under Section 22-A of the Registration Act, 1908 (‘the Registration Act’ for short). Aggrieved by the same, the petitioners filed W.P.No.26535 of 2008 before this Court. The said writ petition was disposed of on 30.12.2008 leaving it open to the petitioners to prefer an appeal before the Revenue Divisional Officer, third respondent herein, against the order dated 09.11.2008 passed by the fourth respondent. The third respondent allowed the appeal through the order dated 29.09.2009. The grievance of the petitioners is that despite the same, the fourth respondent is not issuing pattadar passbooks. Sri P. Laxma Reddy, learned counsel for the petitioners, submits that notification under Section 22-A of the Registration Act was issued at a time when there was doubt as to the ownership of the land and once the third respondent passed a detailed order holding that the land is ryotwari dry and does not belong to the Government, there is no justification for the fourth respondent in not issuing pattadar passbooks. The learned Government Pleader for Revenue submits that the petitioners have to workout their remedies on the orders passed by the third respondent. It is also his case that as long as the notification issued under Section 22-A of the Registration Act remains, the petitioners cannot insist on issuance of the pattadar passbooks. The land claimed by the petitioners was the subject matter of ryotwari patta granted by the Settlement Officer in favour of the vendor of the petitioners. The purchase of the same was made by the petitioners in the year 2006. For one reason or the other the land was included in the list of prohibited lands in the notification issued under Section 22-A of the Registration Act by the District Collector, Visakhapatnam. When the petitioners submitted an application for issuance of ryotwari, the fourth respondent relied upon the notification and refused to accede to their request. The petitioners preferred an appeal before the third respondent, as directed by this Court, in its order, in W.P.No.26535 of 2008. The third respondent has undertaken an extensive discussion of the entire matter with reference to the record. His conclusion is contained in the last paragraph of the order and it reads as under: In view of the discussions in foregoing paras I hold that lands in S.No.153/1 Ac.5-28 cts. S.No.153/3 Ac.4018 cts and S.No.154/1 Ac.0-30 cts are Zeroyithi lands classified as Ryotwari Dry and not Government lands. The Tahsildar, Visakhapatnam (Rural) is directed to incorporate changes in revenue records after obtaining permission from District Collector, Visakhapatnam for deleting the said lands from Section 22-A of Registration Act 1908 and Amended Act, 2007. Regarding issue of PPB/TDs the appellants are directed to file claim before the competent authority to prove their title. On filing such applications the Tahsildar, Visakhapatnam (Rural) is directed to dispose them after due enquiry. With this, the doubt as to the character of the land, namely whether it is government or patta land, stood clarified. The notification under Section 22-A of the Registration Act issued at an earlier point of time virtually becomes redundant vis-à-vis the land, with the unequivocal pronouncement made by the third respondent. Whatever may have been justification for the fourth respondent in not issuing pattadar passbooks and title deeds, when doubt existed as to the character of the land, he cannot deny the same even after the third respondent passed the order dated 29.09.2009. In fact, failure or refusal to issue pattadar passbooks in the given circumstances would amount to abdication of duties cast under the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971. Accordingly, the Writ Petition is allowed and the fourth respondent is directed to issue pattadar passbooks in favour of the petitioners in respect of the land referred to above duly verifying, and issuing notice to the vendor of the petitioners within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J 18th January, 2010 GHN