THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.21585 of 2010 Date : 6-9-2010 Between: Smt.K.Ratnamala w/o.K.Sudarshan Reddy and others .. Petitioners and The Government of Andhra Pradesh, Represented by its Chief Secretary, A.P. Secretariat, Saifabad, Hyderabad and others .. Respondents Counsel for petitioners : Sri Mohammed Imran Khan Counsel for respondents : A.G.P. for Revenue The Court made the following: THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.21585 of 2010 ORDER: This Writ Petition is filed for a mandamus to declare the inaction of respondents No.5 in giving valuation certificate and registering the land admeasuring Ac.6-07 guntas in S.No.109, Kompally village, Quthbullapur Mandal, Ranga Reddy District as illegal and arbitrary. The family of the petitioners held Ac.15-30 guntas in S.No.109 of Kompally village. It is the case of the petitioners that an extent of Ac.5-22 guntas was declared surplus under the provisions of A.P. Land Reforms (Ceiling on Agricultural Holdings) Act 1973. It is the further case of the petitioners that out of the left over land of Ac.9-21 guntas, the petitioners wanted to sell Ac.6-07 guntas of land which was settled in their favour by the husband of petitioner No.1. When the petitioners approached respondent No.5 for registration of the document, he has not been issuing valuation certificate and registering the land, purportedly on the ground that the said land belongs to Government. At the hearing, Sri Mohammed Imran Khan, learned counsel for the petitioners, placed before the Court G.O.Ms.No.289, Revenue (Registration-1) Department, dated 9-3-2005 which contains list of Government lands prohibited for registration in Kompally village. A perusal of this G.O. shows that an extent of Ac.5-22 guntas have been shown in S.No.109 classified as “Khariz Khatha Sarkari” and the Government is shown as the owner of the land. The learned Counsel submitted that as the land admeasuring Ac.6-07 guntas does not form part of the above mentioned land of Ac.5-22 guntas, there is no justification for respondent No.5 in refusing to give valuation certificate and register the land. The learned counsel also relied on letter dated 7-2-2009 addressed by respondent No.3 to the Special Grade Deputy Collector and Revenue Divisional Officer, Ranga Reddy East Division, respondent No.4, wherein it is stated that petitioner Nos.2 to 4 and another person by name Ramakrishna Reddy are the pattadars of Ac.9-08 guntas while the extent of Ac.5- 22 guntas is Government land and that except over the said land, the Government has no interest over the land of Ac.9-08 guntas and 13 guntas in S.No.109. At the hearing, learned Assistant Government Pleader for Revenue submitted that the Government is interested in Ac.5-22 guntas in S.No.109/E and that as the petitioners have failed to show the sub-division of S.No.109, it is difficult to know whether the extent of land for which the petitioners are seeking registration forms part of Ac.5-22 guntas or nor. In my opinion, in the face of the material referred to above, the Government’s interest is confined to Ac.5-22 guntas only in S.No.109. The prohibition list does not contain the sub-division. However, No.3 pahani produced by the petitioners shows that Ac.5- 22 guntas is in Sy.No.109/E. If there is a doubt whether any part of the land for which the petitioners are seeking registration forms part of the extent of Ac.5-22 guntas, respondent No.3 can always take appropriate steps to get the land demarcated. But on the ground that there is a likelihood of overlapping, respondent No.5 cannot refuse registration. For the above mentioned reasons, the Writ Petition is disposed of in the following terms: Respondent No.3 shall get the land of Ac.5-22 guntas in S.No.109 demarcated within a period of four weeks from the date of receipt of a copy of this order. After such demarcation, the land not forming part of the above mentioned land belonging to the petitioners shall be registered by respondent No.5 after giving appropriate valuation certificate. As a sequel to the disposal of the Writ Petition, W.P.M.P.No.27436/2010 is disposed of as infructuous. No costs. _________________________ Justice C.V. Nagarjuna Reddy Date : 6-9-2010 AM