THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.1979 OF 2010 Dated: 23.02.2010 Between: Grandhi Surya Prakash .. Petitioner And The Government of Andhra Pradesh, rep. By its Principal Secretary, Revenue (Registration & Stamps) Department, Secretariat, Hyderabad and others. …Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.1979 OF 2010 ORDER: The petitioner herein claims to have purchased 4 acres of agricultural land situated in Sy.No.45/1 of Nerellavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District, under an Agreement of Sale dated 12.3.2008. However, the registration of the said document was kept pending on the ground that Sy.No.45/1 was covered by G.O.Ms.No.1002, Revenue (Registration-I) Department, dated 1.10.2003 issued under Section 22-A of the Registration Act, 1908. Aggrieved by the said action of the respondents, this writ petition is filed. The petitioner contends that the land in question is classified as Ryotwari Dry in the revenue records and therefore the same ought not to have been included in G.O.Ms.No.1002, dated 1.10.2003. It is pleaded that the fact that the land in question was wrongly included in the notification was brought to the notice of the 2nd respondent by the 5th respondent as well as 4th respondent stating that in view of the change in the classification of the land as Ryotwari Dry, the inclusion of the said land in the notification under Section 22-A of the Registration Act, 1908 was evidently a mistake. In spite of the same, since no further steps have been taken, the petitioner seeks a declaration that G.O.Ms.No.1002, dated 1.10.2003 insofar as it relates to Sy.No.45/1 of Nerellavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District is illegal and consequently to direct the 5th respondent to register and release the Agreement of Sale dated 12.3.2008. A counter-affidavit has been filed by the Revenue Divisional Officer, Visakhapatnam, in which the plea of the petitioner that Sy.No.45/1 of Nerellavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District, which was classified as Ryotwari Dry was wrongly included in G.O.Ms.No.1002, dated 1.10.2003 has not been disputed. It is further explained in the counter-affidavit as under : “In reply to Paragraphs 2 to 6 of the petitioner’s affidavit it is submitted that the land measuring Ac.4.30 cts in S.No.45/1 of Nerallavalasa Village in Bheemunipatnam Mandal was originally classified as “Gedda” Poramboke during Settlement Operations that have taken place subsequent to taking over of Vizianagaram Zamin Estate under the provisions of A.P. Estate (Abolition and Conversion into Ryotwari) Act, 1948. Latter, on an application filed by Sri Thota Narasinga Rao, the then Tahsildar, Bheemunipatnam has examined the issue and passed orders for change of classification of the land measuring Ac.4.30 cts in S.No.45/1 of Nerallavalasa Village from “Gedda” Poramboke to Ryotwari Dry by invoking the provisions of BSO 34 D approved in G.O.Ms.No.597 dated 1.6.76. Changes as per these orders were incorporated in V.A.No.10 (1) of the Village. However, in consideration to the original classification of the land in question, it was notified U/s 22-A and the same was communicated to the Sub-Registrar, Bheemunipatnam. Later after the receipt of the Letter No.P 82/2008 dt. 29.3.2008 from the Sub-Registrar, Bheemunipatnam the matter has been examined in detail and as it was felt that the land in question was erroneously notified a “Gedda” Poramboke U/s 22-A, the Collector, Visakhapatnam has been addressed in this regard, since the Collector, Visakhapatnam notified the same U/s 22-A as per the proposals submitted by the Tahsildar, Bheemunipatnam. The matter was also examined by the Revenue Divisional Officer, Visakhapatnam and endorsed the same to the Collector, Visakhapatnam. The matter is under active consideration of the District Collector, Visakhapatnam and orders are awaited in this regard.” I have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents. As could be seen from the counter-affidavit filed by the Revenue Divisional Officer, the land covered by the petitioner’s Agreement of Sale dated 12.3.2008 which is situated in Sy.No.45/1 of Nerellavalasa Village, Bheemunipatnam Mandal, Visakhapatnam District appears to have been wrongly notified as Gadda Poramboke under Section 22-A of the Registration Act, 1908. In the circumstances, there shall be a direction to the 2nd respondent - District Collector, Visakhapatnam - to pass appropriate orders on the report submitted by the respondents 3 and 4 as expeditiously as possible preferably within a period of two weeks from the date of receipt of this order. Thereafter the 5th respondent shall register and release the Agreement of Sale dated 12.3.2008 following due process of law. Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J. Dt. 23.02.2010 gbs