HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20901 of 2010 Date : 30.08.2010 Between : B. Krishan Reddy. …..Petitioner And The Joint Sub-Registrar, Kurnool & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20901 of 2010 ORDER : In this writ petition, the petitioner seeks directions by way of Mandamus, declaring the action of respondent No.1 in not registering the document in respect of the land admeasuring Ac.2.48 cents, covered by Sy.No.402/2, situated at Dinnedevarapadu village of Kurnool Mandal and District, basing on the letter, dated 22.07.2005, issued by the 2nd respondent in Rc. (B) 50/2005, as illegal, arbitrary and contrary to the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, and consequently, direct the respondents not to act upon the letter, dated 22.07.2005, issued by the 2nd respondent, and register the document presented by the petitioner in respect of the aforesaid land. It is the case of the petitioner that one Boya Chinna Seshanna alias Boya Parla Seshanna is the absolute owner of agricultural land admeasuring Ac.2.48 cents, covered by Sy.No.402/2, situated at Dinnedevarapadu village of Kurnool Mandal and District, having acquired the same by virtue of a registered sale deed bearing document No.678/1983, dated 03.01.1983. It is stated that since the date of purchase, he is in continuous and un-interrupted possession of the same. It is further stated that the vendor of Boya Chinna Seshanna purchased the aforesaid land from its earlier owner, on 24.11.1976. It is stated that the petitioner has agreed to purchase the aforesaid land and entered into an agreement of sale on 19.08.2010 and also paid an amount of Rs.2,00,000/- towards sale consideration. It is the grievance of the petitioner that when he approached respondent No.1 for the purpose of verifying the stamp duty and registration, he was informed that pursuant to the communication made by the Mandal Revenue Officer, Kurnool, in Letter Rc.(B) 50/2005, dated 22.07.2005, respondents are not accepting any document for registration in respect of the land covered by Sy.No.402/2 of Dinnedevarapadu village, on the presumption that the said land is a Government land. It is further stated that after receipt of the letter, dated 22.07.2005, issued in Rc.(B) 50/2005, the petitioner has also approached the Tahsildar to furnish the necessary documents, but he was informed by an endorsement, dated 17.08.2010, issued in L.Dis.B2/1582/2010, that all the assignment records and resume order files of Sy.Nos.115, 402/1, 402/2, 404/1 and 447/2 of Dinnedevarapadu village were washed out in flash floods that took place on 02.10.2009, as such, no information can be given. On the other hand, on instructions, it is submitted by the learned Government Pleader appearing for respondents, that no attempt was filed by the petitioner to submit any document, as such, the question of considering any document for registration, does not arise. It is further submitted that if any document is presented for registration along with supporting documents in respect of title and possession of the vendor, the same will be considered for registration, based on such record. I have perused the letter, dated 22.07.2005, issued by the Mandal Revenue Officer, Kurnool, in Rc.(B) 50/2005. The said letter is in vague terms and the particulars of the Government Lands are not given in detail along with the extents. As it is stated that the petitioner is purchasing the land from one Boya Chinna Seshanna, who has purchased the same from his vendor by way of registered sale deed, bearing document No.678/1983, dated 03.01.1983, and that the said Boya Chinna Seshanna has purchased the said land from his vendor on 24.11.1976, it is clear that the land in question is a private patta land for the last more than three Decades. In that view of the matter, and further, as it is submitted by the learned Government Pleader appearing for respondents, that no document is presented by the petitioner for registration, I deem it appropriate to dispose of the writ petition, with a direction to the 1st respondent that if any document is presented by the petitioner in respect of the land admeasuring Ac.2.48 cents, covered by Sy.No.402/2 of Dinnedevarapadu village of Kurnool Mandal and District, along with supporting documents, the same shall be considered for registration, without reference to the letter, dated 22.07.2005, issued by the 2nd respondent in Rc.(B) 50/2005. However, it is made clear that such registration shall be in accordance with the Indian Stamp Act and the Registration Act. It is also made clear that if there are any objections for registration, the same shall be recorded in writing and communicated to the petitioner, as contemplated under Section 71 of the Registration Act. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 30th August 2010 N.B: Furnish C.C. in one week. (b/o) ajr