IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2747 of 2008 Between: 1 G. Raja Lingam @ Rambagh Raja Lingam S/o. Mallaiah R/o.Rambagh, Attapur Village, Rajendranagar Mandal, Ranga Reddy District. Rep. by GPA Rami Reddy Construction. 2 M/s. Rami Reddy Constructions Rep. by its Partner P.S.V. Rami Reddy H.No. 303, Laxmi Vani Residency, Kanta Reddy Nagar, Attapur, Mehdipatnam Ring Road, yderabad. ..... PETITIONER(S) AND 1 The District Registrar Stamps & Registration, Ranga Reddy District, at Moosapet, Hyderabad. 2 The Sub Registrar, Stamps & Registration, Rajendranagar, R.R. District. 3 The Government of A.P. Revenue (Registration) Department, Rep. by its Secretary, Secretariat Buildings, Hyderabad. .....RESPONDENT(S) 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 to issue writ or order more particularly one in the nature of writ of Mandamus declaring the action of the 2nd respondent in not receiving and registering the documents presented by the petitioners in respect of the property in Sy.Nos. 342/A, 343 and 344 situated at Attapur Village, Rajendranagar Mandal, Ranga Reddy District on the ground of G.O.Ms.No. 1095 dt. 6-6-2005 as being contrary to law illegal, arbitrary unreasonable and consequently direct the 2nd respondent to receive and register the documents presented by the petitioners in respect of the said property and to pass Counsel for the Petitioner:MR.VENKATESWARLU POSANI Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 2747 of 2008 Order: Questioning the action of the 2nd respondent, namely the Sub- Registrar, Stamps and Registration, Rajendranagar, R.R. District, in not receiving and registering the documents presented by the petitioners in respect of the property in Survey Nos.342/A, 343 and 344, situated at Attapur village, Rajendranagar Mandal, Ranga Reddy District, in view of the notification issued by the Government in G.O. Ms. No. 1095, Revenue (Registration-I) Department, dated 06.06.2005, the petitioners filed the present writ petition. The case of the petitioners is that originally the name of the father of the 1st petitioner, namely Rambagh Mallaiah, was recorded as cultivator and occupier of the land admeasuring Ac.8.36 guntas situated in Survey Nos.339 to 344 of Attapur village, Rajendranagar Mandal, in the revenue records. After the death of his father, the 1st petitioner continued to be in possession and enjoyment of the same, and his name was registered as occupant under the provisions of the A.P. (Telangana Area) Tenancy and Agricultural Act, 1950, and the Revenue Divisional Officer, Chevella, after conducting detailed enquiry, has granted Occupancy Rights Certificate in favour of the 1st petitioner, vide proceedings dated 04.09.1980. Apart from that, based on the application filed by the 1st petitioner, the Mandal Revenue Officer, Rajendranagar Mandal, after conducting a detailed enquiry, also issued pattadar passbooks and title deeds in favour of the 1st petitioner. Thereafter, the 1st petitioner and his children filed declaration under the Urban Land (Ceiling and Regulation) Act, 1976 and the competent authority finally declared that there is no surplus land in their name. Subsequently, the 1st petitioner and his children entered into a Development Agreement-cum-General Power of Attorney, dated 14.03.2006 with the 2nd petitioner, namely M/s. Rami Reddy Constructions, for construction of dwelling units/flats, which was registered vide document No.3749/2006, dated 16.03.2006 in the office of the 2nd respondent-Sub-Registrar. The further case of the petitioners is that when the Government, without issuing any notice and without conducting any enquiry, issued notification in G.O. Ms. No. 1095, dated 06.06.2005, under Sub-section (1) of Section 22-A of the Registration Act, 1908 prohibiting the registration of the land in question and other lands, treating them as Government lands, they made a representation requesting the District Collector, Ranga Reddy District, to de-notify the land in question from the list of government lands as notified in G.O. Ms. No. 1095, which was forwarded to the Mandal Revenue Officer, Rajendranagar, and the Mandal Revenue Officer, Rajendranagar, submitted a report dated 09.02.2007 to the Revenue Divisional Officer, Chevella, requesting to de- notify the lands in question stating that the said lands are patta lands and were wrongly notified earlier under Section 22-A of the Registration Act. On 23.02.2007, the Special Grade Deputy Collector and the Revenue Divisional Officer, Chevella, also submitted a report to the District Collector, recommending for de-notification of the lands in question. Thereafter, the District Collector, after getting clarifications from the revenue authorities concerned, requested the Government to de-notify the lands in question from the said G.O. But, so far no action has been taken in the matter. Hence, they filed the present writ petition. A counter affidavit is filed by the 2nd respondent- Sub-Registrar stating that because of the notification issued by the Government in G.O. Ms. No. 1095, dated 06.06.2005, notifying the lands in question as government lands, he is unable to register the documents presented by the petitioners for registration. On behalf of the respondents, the learned Assistant Government Pleader for Revenue took notice. At his request, the matter was adjourned eight times for filing counter by the respondents, but till date no counter is filed. He, however, submitted that the matter is under active consideration by the 3rd respondent-Government for de-notification of the lands in question from G.O. Ms. No. 1095, dated 06.06.2005. Having regard to the facts and circumstances of the case, and in view of the submission made by the learned Assistant Government Pleader for Revenue, the learned counsel for the petitioners agreed for disposal of the writ petition with the following directions: The 3rd respondent-Government are directed to consider the representation of the petitioners for de-notifying the lands in question from G.O. Ms. No. 1095, dated 06.06.2005, in the light of the report submitted by the Mandal Revenue Officer, Rajendranagar, which was forwarded by the Revenue Divisional Officer, Chevella as well as the District Collector, and pass appropriate orders thereon, in accordance with law, within a period of two months from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 30.06.2008 Nsr