IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 9820 of 2008 Between: 1 Pydi Ravi Kumar, S/o. Satyanarayan, R/o. Fazulbeg Pet, Srikakulam Town, Srikakulam District. 2 Gedala Indira Prasada Rao, S/o. Lakshmi Narayana, R/o. Flat No.31, Janachaithanya Apartments, Ramakrishna Naga Colony, Srikakulam Town, Srikakulam District. ..... PETITIONER(S) AND 1 The District Collector, Srikakulam, Srikakulam District. 2 The Joint Sub-Registrar, Srikakulam, Srikakulam District. .....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 an apppropriate writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 2nd respondent authority in keeping pending the doument dated 15-3-2008 vide P.Nos. 33 and 34 of 2008 for registration as arbitrary, illegal, null and void and violative of Article 300-A of the Constitution of India and consequently to direct the respondent authorities to register the documents dated 15-3-2008 and to pass such other order or orders as this Hon'ble Court deems fit and proper in the interest of justice. Counsel for the Petitioner:MR.BALAJI MEDAMALLI Counsel for the Respondent No.: . The Court made the following : THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 9820 of 2008 Order: Questioning the action of the 2nd respondent-Joint Sub-Registrar, Srikakulam, in keeping the document pending without registering the same from March 2008 onwards, on the ground that the land in Survey No.95 of Fazulbegpet is classified as “Grama Kantam” as per the M.V. guidelines of his office, the petitioners filed the present writ petition. The petitioners state that petitioner No.1 has purchased an extent of 178.61 Sq. yards, 895 Sq. Yards and 240 Sq. Yards in Survey No.95 of Fazulbegpet, Srikakulam Municipality, vide registered documents bearing Nos.2469, dated 27.07.1993, 1842, dated 04.07.1992 and 2398, dated 01.09.1992 respectively, and petitioner No.2 has purchased an extent of 329 Sq. Yards in the same survey number, vide registered document bearing No.717/07, dated 27.02.2007. Thereafter, they made an application to the Srikakulam Municipality to conduct survey and demarcate the land in Survey No.95 of Fazulbegpet as per the documents, and based on the said application, the Town Surveyor of Srikakulam Town, demarcated the land and issued proceedings along with a sketch stating that there is no Government Poramboke, irrigation, endowment land in Survey No.95. Thereafter, the petitioners state that they jointly made an application to the Director of Town and Country Planning, Hyderabad, for grant of building permission for construction of residential flats, and the Director, Town and Country Planning issued technical approval, vide letter dated 10.04.2007. The case of the petitioners is that after obtaining permission from the Director, Town and Country Planning, they submitted the documents before the 2nd respondent for registration, but the 2nd respondent kept the documents pending without registering on the ground that the land in Survey No.95 is Poramboke (Gramakantam) as per M.V. Guidelines of his office, which is illegal and arbitrary. Hence, they filed the present writ petition. In spite of granting sufficient time, no counter affidavit is filed by the respondents so far. However, when the matter is taken up for admission today, learned Assistant Government Pleader for Revenue, on instructions, submitted that the matter was referred to the District Registrar for clarification as to whether the land in Survey No.95 of Fazulbegpet is classified as Gramakantam Poramboke or not, and agreed to dispose of the writ petition with the following directions: The District Registrar, Srikakulam is directed to clarify to the Sub- Registrar, Srikakulam, as to whether the land in Survey No.95 of Fazulbegpet is classified as Gramakantam Poramboke or not, in the light of the report submitted by the Town Surveyor, Srikakulam, and pass appropriate orders in accordance with law, expeditiously, preferably within a period of four weeks 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: 03.07.2008 Nsr