THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :30735 of 2010 Date: 8.12.2010 Between: G. Ramamurthy ..... PETITIONER AND The Tahsildar, Chittoor, Chittoor District and others. .....RESPONDENTS Counsel for the Petitioner : Sri S.S. Bhatt Counsel for the Respondents : A.G.P. for Revenue The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No :30735 of 2010 ORDER: This writ petition is filed for a mandamus to declare the action of respondent Nos. 1 and 2 in treating the land admeasuring Acs.6.12 cents comprised in Survey No.137 of Chittoor Village as Government poramboke vide letter dated 21.9.2004 of respondent No.1 addressed to respondent No.3 and refusal of respondents to register the land as illegal and arbitrary. I have heard Sri S.S. Bhatt, learned counsel for the petitioner and the learned Asst. Govt. Pleader for Revenue. The petitioner claimed that the above mentioned land is a private patta land in respect of which several registered transactions have taken place since the year 1934. When the petitioner wanted to purchase Acs.1.00 each from the present owner, i.e., Sri Syed Haroon, respondent No.3 is refusing to receive the document on the ground that respondent No.1 vide his letter referred to above has informed that the land belongs to the Government. In support of his averments, the petitioner has filed registered documents from the years 1964 covering the properties in question. The petitioner has also placed reliance on Certificate dated 18.12.1989 wherein even the Mandal Revenue Officer, Chittoor has certified that Survey No.137 of Chittoor Village is registered as patta land in village accounts and the same belongs to Sri Syed Haroon, S/o. Syed Yousuf. The petitioner has also filed the pattadar passbooks and title deeds pertaining to the land in question to show that they are patta lands. The learned Assistant Government Pleader for Revenue, on instructions, submits that the above mentioned land was treated as belonging to Government in view of the entry in the ‘A’ register maintained by the Government. This Court in Shaik Dudekula Pyari Jan @ Lal Bi vs. The Revenue Divisional Officer, Madanapalli and others (W.P. No. 6016 of 2010), held as under: In the present case, except for stating that entries in the Village Account R.S.R. of Doddipalli Village indicate the lands in Survey Nos.1969/2, 1972, 1969/1B and 1971 as Government lands, there is no other basis for the revenue authorities to stake a claim over the lands. To the contrary, the evidence on record, being registered transactions dating back to 1942, 1938, 1959 and 1972, as the case may be, clearly negates the unilateral claim of the revenue authorities that this land is Government land. It is of course for the Government to assert and prove its title if it chooses to do so, in a properly constituted proceeding before the appropriate forum in accordance with law. Without doing so, it is not open to the revenue authorities or the registration authorities to deny persons claiming rights over such land on the basis of mere revenue entries. The action of the respondents in treating the subject land as Government land and the action of the registration authorities in refusing to receive and register documents in respect of this land is therefore unsustainable in law. I find support for my view in the Judgments of this Court in P.SURESH v. A.P. STATE AND OTHERS; K.M.KAMULLA BASHA v. DISTRICT COLLECTOR, CHITTOOR; MEDA SUBBARAYUDU v. SUB-REGISTRAR, RAYACHOTY and S.ZAKHIR v. DISTRICT COLLECTOR, ANANTAPUR. The Writ Petition is accordingly allowed holding that there is no legal basis for the registration authorities in insisting upon a ‘No Objection Certificate’ from the revenue authorities as a condition precedent for entertaining any document for registration once the prohibition under Section 22-A of the Registration Act, 1908 does not come into operation. It is not open to the registration authorities to treat any particular land as Government land basing on the mere communication to that effect by the revenue authorities which, in turn, is based on mere entries in the revenue records. There shall be a consequential direction to the Sub- Registrar, Piler, Chittoor District, respondent 3, to entertain the documents presented by the petitioners in respect of their lands in Survey Nos.1969/2, 1972, 1969/1B and 1971 of Doddipalli Village, Piler Mandal, Chittoor District and process the same for registration in accordance with law.” In the light of above undisputed position of law and having regard to the number of registered sale transactions taken place showing the land in question as patta land, the action of respondent Nos. 1 and 3 in treating the land as belonging to Government cannot be upheld. Accordingly, respondent No.3 is directed to receive and register the documents that may be presented by the petitioner and his proposed vendor, in respect of Survey No. 137 of Chittoor Village, subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. With the above directions, the writ petition is disposed of. As a sequel to disposal of main petition, W.P.M.P. No. 39112 of 2010 is disposed of as infructuous. __________________________ C.V. NAGARJUNA REDDY,J DATE: 8th December, 2010 pnb