IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 4225 of 2009 Between: 1.Narisetty Peda Masthan S/o.Lingaiah R/o.Somavarappadu village Tallur mandal, Prakasam District 2.Chinna Masthan S/o.Lingaiah R/o.Somavarappadu village Tallur mandal, Prakasam District 3.Narisetty Maheshwar Rao S/o.Peda Masthan R/o.Somavarappadu village Tallur mandal, Prakasam District 4.Narisetty Linga Rao S/o.Peda Masthan R/o.Somavarappadu village Tallur mandal, Prakasam District ..... PETITIONERS AND 1 The Sub-Registrar, Darsi,Prakasam District 2 The Revenue Divisional Officer, Kandukur .....RESPONDENTS 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 issue a writ of mandamus directing the first respondent to receive document of sale presented for registration by the petitioners/purchasers pertaining to their lands in S.No.133 of Somavarapadu village, Tallur Mandal, and return the same after due registration in accordance with the procedure by declaring the letter Rc.No.B/1547/2007 dated 2.11.2007 addressed by 2nd respondent to the 1st respondent not to entertain any registrations for the said land as illegal, and contrary to law without jurisdiction. Counsel for the Petitioners: MR.ADDEPALLI SURYANARAYANA Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.4225 of 2009 ORDER: The petitioners claim to be the absolute owners of land to an extent of about Acs.14.00 in Survey No.133 of Somavarappadu Village, Tallur Mandal, Prakasam District. They intended to dispose of part of the said land and for that purpose, they approached the first respondent to furnish the particulars of stamp duty, registration charges etc. The first respondent informed the petitioners that he received a letter, dated 02.11.2007, from the Revenue Divisional Officer, Kandukur, the second respondent, with a request not to register any transactions in respect of land in Survey No.133. The petitioners submit that the Tahsildar himself certified that the lands are classified as patta and the petitioners’s names are registered as pattadars and still the second respondent addressed the impugned letter in contemplation of change of classification of the land. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue. Under the scheme of Registration Act, 1908 (for short ‘the Act’), the Revenue Divisional Officer does not figure anywhere. The prohibition against registration of any transactions is contained under Section 22-A of the Act. It refers to categories of land and validation of notifications issued by the Government or the District Collector on the basis of the amended provisions. Further, even from a perusal of the impugned letter, it is clear that the second respondent is contemplating change of classification of the land from patta to grazing ground poramboke. On that basis, he requested the first respondent not to entertain the documents. The approach of the second respondent is totally untenable and contrary to law. The writ petition is accordingly allowed and the impugned letter is set aside. The first respondent is directed to entertain the documents that may be presented by the petitioners and process the same in accordance with law, without reference to the impugned letter. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.03.03.2009 Note: Issue CC in two days. (b/o) VGB