THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.15038 of 2010 ORDER: This writ petition is filed seeking a mandamus declaring the action of the respondents in refusing to receive and register the document submitted by the petitioner in respect of property bearing plot No.312, admeasuring 300 sq.yards, covered by Survey Nos.52/1 and 52/2 situated at Maktha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District, as illegal and arbitrary. It is the case of the petitioner that he purchased the aforesaid plot from the fourth respondent Cooperative House Building Society. It is stated that the fourth respondent has purchased lands from their vendors, who were the holders of Occupancy Right Certificates under the provisions of the Andhra Pradesh (Telangana Area) Inams Abolition Act, 1955, and such certificates were confirmed by this Court in W.P.No.7303 of 1984. It is further stated that in exercise of powers under Section 166-B of the Andhra Pradesh (Telangana Area) Land Reforms Act, 1317 Fasli, the Joint Collector passed order, dated 07.11.2006, for correction of entries in Faisal Patti and classification of lands as per the Sethwar, Khasra Pahani and Pahanies up to 1968-69. The said order was questioned before this Court in W.P.No.26550 of 2007, which in turn, was allowed. It is also stated that in spite of the same, the respondents are not accepting the document presented by the petitioner for the purpose of registration. This Court at the first instance i.e. on 29.06.2010 issued notice before admission. In response to the above, a counter-affidavit is filed by the first respondent - Joint Sub-Registrar-II, Ranga Reddy District. In the said counter-affidavit, it is stated that the petitioner has not presented any document for the purpose of registration and that the land covered by Survey Nos.52/1 and 52/2 of Maktha Mahaboobpet Village, Serilingampally Mandal, belongs to the Government. A reference is also made to the letter, dated 08.07.2010, addressed to the second respondent by the Tahsildar, Serilingampally Mandal, informing that the aforesaid land belongs to the Government as per the proceedings, dated 07.11.2006, issued by the Joint Collector, Ranga Reddy District. There is also a separate counter-affidavit by the third respondent. In the said counter-affidavit, it is stated that in the sethwar, the lands in question were shown as Kharij Khata, Shikam, Chinna Kunta, Poramboke, Gairan and Cheruvu Shikam and the entries in the pahanies from 1954-55 to 1969-70 show that they are Government lands and in Faisal Patti of 1968-69, names of private pattadars were recorded there for. Referring to the order, dated 07.11.2006, passed by the Joint Collector, it is stated that pursuant to the remand orders passed by the Commissioner of Appeals and this Court, the matter is under enquiry before the Joint Collector, Ranga Reddy District. It is not in dispute that the fourth respondent purchased lands from the Occupancy Right Certificates’ Holders, whose rights were confirmed by this Court in W.P.No.7303 of 1984. There was a registered sale deed in favour of the fourth respondent society, which in turn, transferred the plots to individuals by registering the sale deeds. The petitioner is one of the purchasers of the plots being the member of the fourth respondent society. The sole basis appears to be for not registering the land in question is the order, dated 07.11.2006, by which, the Joint Collector in exercise of powers under Section 166- B of the Andhra Pradesh (Telangana Area) Land Reforms Act, 1317 Fasli, ordered for change of entries in the record of rights on the ground that the entries in respect of the aforesaid lands, were recorded as private lands, in the absence of any supplementary sethwar. But, it is to be noted that such order was set aside by the Commissioner of Appeals by remanding the matter to the Joint Collector for fresh enquiry. When the fourth respondent questioned the order, dated 07.11.2006, in W.P.No.26550 of 2007, this Court by its order, dated 09.06.2009, observing that the appellate authority remanded the matter to the Joint Collector to conduct fresh enquiry and such enquiry is pending before him, remitted back the matter for fresh consideration by the Joint Collector. As of now, no further orders are passed by the Joint Collector consequent to the remand orders passed by the Commissioner of Appeals as well as this Court, as such, the respondents cannot refuse to register the document in respect of the land in question pursuant to the order, dated 07.11.2006, passed by the Joint Collector. In any event, in the counter-affidavit filed by the first respondent, it is stated that no documents were presented by the petitioner, as such, there was no occasion to consider the same and that if a document is presented with supporting documents, the same will be considered for the purpose of registration. As much as no orders are passed by the Joint Collector as on today pursuant to the remand orders passed by the Commissioner of Appeals as well as this Court, and as the order, dated 07.11.2006, passed by the Joint Collector is not in force and as it is the case of the petitioner that the fourth respondent purchased the land in question from the earlier owners, who are the holders of Occupancy Right Certificates under the provisions of the Andhra Pradesh (Telangana Area) Inams Abolition Act, 1955, I deem it appropriate to direct that if any document is presented by the petitioner transferring the plot bearing No.312, admeasuring 300 sq.yards, covered by Survey Nos.52/1 and 52/2 situated at Maktha Mahaboobpet Village, Serilingampally Mandal, Ranga Reddy District, respondents 1 and 2 shall receive and consider the same for registration based on the material produced by the petitioner, without reference to the order, dated 07.11.2006, passed by the Joint Collector. However, it is made clear that such consideration shall be in accordance with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 30th AUGUST, 2010. kvni