HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7581 of 2008 Date: 8th November 2010 Between : Thirumalapudi Vimalamma. …….Petitioner And The District Collector, Nellore District & another. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.7581 of 2008 ORDER : In this writ petition, the petitioner seeks declaration by way of Mandamus, declaring the action of respondents in treating the land purchased by her in Sy.No.776 to an extent of Ac.6.35 cents at Chakalikonda village of Vinjamoor Mandal in Nellore District as Government land in the register maintained by the 2nd respondent under Code No.08, even though the said land is patta land, as illegal, arbitrary and in violation of Articles 14, 19 and 300- A of the Constitution of India. It is the case of the petitioner that she has purchased the agricultural land admeasuring Ac.6.35 cents in Sy.No.776 of Chakalikonda village from her vendor Smt. Indla Guravamma, who is the pattadar and absolute owner of the land, by entering into an agreement of sale, dated 12.12.1987. It is stated that when the vendor of the petitioner failed to execute the document, the petitioner filed a suit in O.S.No.264 of 2007 on the file of the learned Junior Civil Judge, Kavali, and obtained a decree of specific performance on 26th of December 2007. It is stated that after obtaining the decree, when the petitioner has approached the office of the 2nd respondent Sub-Registrar, she came to know that the said land is notified as Government land. It is also the grievance of the petitioner that when her vendor came forward to register the document, respondents are not receiving the same to consider for registration. Counter affidavit is filed by the 2nd respondent Sub- Registrar. In the counter affidavit, while denying the various allegations made by the petitioner, it is stated that the land in Sy.No.776 to an extent of Ac.6.35 cents of Chakalikonda village of Vinjamoor Mandal in Nellore District, is shown at Code No.09 i.e. assigned land, but not at Code No.08, as alleged by the petitioner. It is also stated that the petitioner has never approached the 2nd respondent for registration of document. Counter further states that if the petitioner approaches the 2nd respondent for change of code number along with Settlement Fair Adangal, same will be forwarded to the District Collector, for confirmation and the document will be considered for registration. From the counter affidavit, it is clear that no document is presented by the petitioner for registration. Under Section 71 of the Registration Act, if a document is presented for registration and there are any reasons for refusal of registration, such reasons are to be recorded and communicated to the parties. As it is stated in the counter that no document is presented by the petitioner for registration, I deem it appropriate to dispose of the writ petition, permitting the petitioner to submit the document for registration. If any such document is presented, respondents shall consider the same for registration. It is made clear that if there are any reasons for refusal of registration, such reasons shall be recorded and communicated to the petitioner as contemplated under Section 71 of the Registration Act. It is also made clear that if the Code Number given to the land in question is wrongly noted, it is open for the petitioner to approach the authorities for correction of Code Number, and if any representation is made to that effect, I am sure the 2nd respondent will forward the same to the 1st respondent- District Collector and pass appropriate orders in accordance with law. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th November 2010 ajr