THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.19845 of 2010 Date: 27-9-2010 Between : D.Nizam Ali Khan s/o.D.Rasool Khan .. Petitioner And The State of Andhra Pradesh, Represented by its Secretary, Revenue Department, Hyderabad and others .. Respondents Counsel for petitioner : Sri A.Srinath Counsel for respondents : Assistant Government Pleader for Revenue The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.19845 of 2010 ORDER: This Writ Petition is filed for a mandamus to set-aside proceedings dated 8-6-2010 of respondent No.2. I have heard Sri A.Srinath, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. The petitioner’s vendor by name B.Venkata Krishnaiah claims to be the owner of Ac.0-41 cents of land in S.No.43/4A, 43/4B of Kadapa Shahar, Kadapa District. When respondent No.1 tried to interfere with the petitioner’s possession of the said land, he has filed O.S.No.14/2000 against the State of Andhra Pradesh, represented by District Collector, Cuddapah for declaration of title and permanent injunction. The said suit was decreed by the Court of I Additional District Judge, Kadapa vide Judgment and decree dated 11-7-2005. It is the pleaded case of the petitioner that the said decree has attained finality. When the petitioner sought to purchase an extent of Ac.0-04 cents out of the above mentioned land, respondent No.3 refused to entertain and register the document on the ground that vide letter dated 8-6-2010, respondent No.2 has addressed to the Sub-Registrar, Kadapa while enclosing a list of Government lands and the list contains an extent of Ac.1-94 cents in S.No.43, shown as Government land. The petitioner challenged this action of respondent No.2 in including the above mentioned land in the list of Government properties and communicating the same to the Sub- Registrar and the action of the Sub-Registrar in not registering the document on the ground that the said communication is illegal and arbitrary. No counter affidavit has been filed on behalf of the respondents. I have however heard the learned Assistant Government Pleader for Revenue. By way of a separate application, the petitioner filed a copy of the Judgment and decree in O.S.No.14/2000, a perusal of which shows that the suit filed by the proposed vendor of the petitioner for declaration of title and permanent injunction against the State of Andhra Pradesh, represented by the District Collector, Kadapa was decreed on 11-7- 2005. If the land which is proposed to be sold by the decree-holder in favour of the petitioner forms part of the suit schedule property, neither respondent Nos.1 and 2 nor the Sub-Registrar can refuse to register the same on the ground that the land belongs to the Government. Therefore, the Writ Petition is allowed and proceedings dated 8-6-2010 of respondent No.2 to the extent of including Ac.0-04 cents of land, out of Ac.1-94 cents of S.No.43, in the list of Government properties communicated by him to the Sub-Registrar, Kadapa, is set aside. It is further declared that the petitioner and his vendor are entitled to enter into sale transaction in respect of Ac.0-04 cents of land forming part of the suit schedule property in O.S.No.14/2000 on the file of I Additional District Judge, Kadapa and that they are entitled to get the document executed for this purpose and registered. As a sequel to disposal of the Writ Petition, WPMP No.25134/2010 is disposed of as infructuous. ___________________________ C.V. NAGARJUNA REDDY.,J Date : 27-9-2010 AM