IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13367 of 2008 Between: Kavin Joseph Saldanha S/o. Dominic Joseph Saldamha R/o. 401, Sal Home 32 Street, Andrew Road, Bandra Mumbai - 400 050. ..... PETITIONER AND 1 Govt. of A.P., rep. by the Sub-Registrar, Narsipatnam, Visakhapatnam District. 2 The District Registrar, Visakhapatnam district at Visakhapatnam. 3 the Tahsildar, Rolugunta Mandal, Visakhapatnam Disitrct. .....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 issue a direction any order or a writ more particularly one in the nature of writ of Mandamus to register Sy.No. 281, 282, 287 and 288 of to an extent of Ac. 8-87 cents of Kusarlapudi (V), Rolugunta (M), infavour of the petitioner basing on the Pattadar Pass Books and title deeds issued to the Vendors by Tahsidar, Rolugunts and Revnue Divisional Officer, Narsipatnam, without further delay and pass Counsel for the Petitioner:MR.P.RAMABRAHMAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 13367 of 2008 Order: By this writ petition, the petitioner seeks to direct the 1st respondent-Sub-Registrar to receive and register the document presented by him in respect of the lands in an extent of Ac. 8-87 cents, situated in Survey Nos.281, 282, 287 and 288 of Kusarlapudi village, Rolugunta Mandal, Visakhapatnam District, based on the Pattadar Passbooks and Title Deeds issued to his vendors by the Tahsildar, Rolugunta and the Revenue Divisional Officer, Narsipatnam. The case of the petitioner is that he purchased the lands in question from his vendors for a valuable consideration on 27.04.2007, and when he presented the document for registration, the 1st respondent refused to receive and register the same on the ground that the said lands are Government lands. According to the petitioner the lands in question purchased by him from his vendors, are patta lands and to substantiate the same, he filed xerox copies of pattadar passbooks and title deeds, issued by the Tahsildar, Rolugunta, and the Revenue Divisional Officer, Narsipatnam, in favour of his vendors. That as per the certificate dated 31.03.2007, issued by the 3rd respondent-Tahsildar, the lands situated in Survey Nos. 281, 282 and 288 of Kusarlapudi village of Rolugunta Mandal are Zeraithi lands, and therefore, the action of the 1st respondent in refusing to receive and register the document presented by him, is illegal and arbitrary. The 3rd respondent-Tahsildar filed counter stating that the land situated in Survey Nos.281, 282, 287 and 288 of Kusarlapudi village, Rolugunta Mandal, Narsipatnam Sub-division, Visakhapatnam District, is a private patta land, but in the revenue records, the said lands are recorded as government dry lands. That all the private lands are recorded as government dry lands, but the land in question is neither a government land nor an assigned land and that no notification under Section 22-A of the Registration Act has been issued in respect of the said land. He further stated that the entries made in the revenue records disclosed that the then Mandal Revenue Officer, Rolugunta Mandal, issued pattadar pass books and titled deeds in respect of an extent of Ac.4-34 cents out of Ac. 8-87 cents in Sy. Nos. 281, 282, 287 and 288, in favour of one Chilkuru Swaroop Kumar and in respect of the remaining extent of Ac. 4-43 cents, in favour of one Dondu Veera Venkata Satyanarayana Raju. He admitted that Certificate in L.Dis.No.121/2007/A, dated 31.03.2007, was issued by the then Mandal Revenue Officer, Rolugunta, certifying that the lands in question are Zeraithi dry lands. Having regard to the stand taken by the 3rd respondent-Tahsildar, in his counter affidavit that the lands in question are not government lands, but private lands, and that no notification under Section 22-A of the Registration Act, has been issued by the government, prohibiting the registration thereof, and considering the admitted stand taken by the 3rd respondent that the then Mandal Revenue Officer, had issued Certificate dated 31.03.2007, certifying that the lands in question are zeraithi dry lands, the learned Assistant Government Pleader for Revenue appearing on behalf of the respondents, has agreed for disposal of the writ petition with the following directions: If the petitioner presents any document for registration in respect of the lands in question, the 1st respondent, namely the Sub-Registrar, Narsipatnam, Visakhapatnam District, shall receive and process the same in accordance with the provisions of the Stamps and Registration Act, 1908, and register the same, if the same is otherwise in order. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Date: 18.07.2008 Ksr/Nsr