THE HON’BLE SRI JUSTICE V.V.S.RAO Writ Petition No.4652 of 2010 Dated : 15.04.2010 Between : Vummiti Siva Prasada Rao & another … Petitioners a n d The Sub-Registrar … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO Writ Petition No.4652 of 2010 ORDER: The petitioners are brothers. They owned land admeasuring Acs.4.22 cents in survey No.133/2 and an extent of Ac.0.90 cents in survey No.133/11 situated at Pandillapally Village, Vetlapalem Mandal, Prakasam District. They allegedly entered into an agreement of sale in respect of the said property with one Govana Sudhakara Rao for a sale consideration of Rs.25,60,000/- (Rupees Twenty Five Lakhs Sixty Thousands only). As entire sale consideration was allegedly paid, they require to register the document. They statedly approached the respondent viz., Sub-Registrar, Chirala, on 10.02.2010 for obtaining necessary particulars to complete their transaction by registering a regular sale deed. It appears, the respondent refused to give particulars and refused to register the document. Therefore, the present writ petition is filed. The respondent filed counter affidavit stating that the land in survey No.133/11 is classified as ‘Assessed Waste Land’ and that land is a government land. It is further stated that the land in survey No.133/2 is not included in the assigned land list and government land list. For ready reference relevant averments made in the counter affidavit are extracted hereunder. “I submit that as per the Market Value Guide Lines register of Pandillapalli Village the land in Survey Number 133/2 is classified as wet land and Survey Number 133/11 classified as A.W. land. The land in Survey Number 133/2 is not included in the Assigned land list and Government land list and therefore there is no prohibition to register the document for the document for the value of Rs.25,60,000/- as stated by the party. The land 0.90 cents in Survey Number 133/11 of Pandillapalli Village was classified as A.W.Land as per the Assigned land list furnished by the Tahasildar, Vetapalem vide RCB/63/07 dated 26.06.2007 (Copy of list furnished) : in this connection I submit that section 5 of the Andhra Pradesh Assigned Lands Prohibition of Transfers Act 1970 prohibits Registration of Assigned Lands whenever there is any assignments the Revenue Authorities would furnish the Registration if assigned lands. Accordingly, the then Mandal Revenue Officer, Vetapalem, in Rc.B 63/07 dated 6.8.2008 and which was received on 8.8.2008 addressed to the Sub- Registrar, Chirala, furnishing the list of Assigned lands and Government lands and in the said list the land in Sy.No.133/11 admeasuring Acs.0.90 cents is shown A.W. land and therefore, it is a Government land under Act 19/07 there is an amendment to the Registration Act.” The admitted position, therefore, is that the land admeasuring Acs.4.22 cents in survey No.133/2 is neither assigned land nor government land. Therefore, there is no objection for registering the same. The counsel for the petitioners submits that his clients would not insist for registration of land admeasuring Ac.0.90 cents in survey No.133/11, which is ‘assessed waste land’ belonging to the government. In view of the above, the writ petition is disposed of directing the respondent to furnish the particulars of stamp duty and registration charges, accept the sale deed and take necessary action according to law. While considering the matter for registration, it shall be open to the respondent to consider the objections, if any, raised by the second respondent, who is impleaded by virtue of order dt.15.04.2010 in W.P.M.P.No.8431 of 2010. __________ V.V.S.RAO, J April 15, 2010 sur