HON’BLE SRI JUSTICE M.

GANGA RAO

WRIT PETITION No.15305 of 2020

ORDER:

This writ petition, under Article 226 of the Constitution of

India, is filed by the petitioner seeking the following relief/s:

“..to issue an appropriate Writ more in the nature of a

Writ of Mandamus declaring the action of the 2nd
respondent in including the lands of the petitioner in
survey No.367 of Kolamuru Village, Rajamahendravaram,
East Godavari District in the list of the Prohibitory lands
under Section 22-A of the Registration Act, brushing
aside the categorical recommendation of the Tahsildar,
Rajamahendravaram Rural and which lands are
recorded as Private lands for the last 87 years and the
action of the Sub-Registrar in refusing to register the
document presented before him, as being arbitrary,
illegal and offending Articles 14, 21 and 300-A of the
Constitution of India and consequently direct the
respondents to delete the lands from list of Prohibitory
lands under Section 22-A of Registration Act and to
register the document as and when presented, in the
interest of justice and issue such other Writ or order …”

2. Heard learned counsel for the petitioner and

learned Government Pleader for Registration and Stamps

appearing for the respondents.

3. The case of the petitioner is that, he has purchased the land

admeasuring 198 square yards forming part of survey No.367,

situated at Kolamuru Village, Rajamahendravaram Rural Mandal

of East Godavari District through registered sale deed documents

bearing Nos.6215/2002, dated 10.12.2002 and 3210/2004 dated

14.05.2004 respectively registered in the office of the Sub-

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Registrar, Rajamahendravaram. Since then he has been in

possession and enjoyment of the same. When he presented the

sale deeds before the respondent No.6-Sub-Registrar for

registration of the land in favour of buyers, he was informed that

the land in survey No.367, Kolamuru Village is included in the

prohibited property list maintained under Section 22-A of the

Registration Act and there is prohibition for the registration of the

land. Then the petitioner made a mee-seva application to the

respondent No.2-District Collector for deletion of the subject

property land from the prohibited property list. On his application

the respondent No.5-Tahsildar submitted a report dated

06.08.2019 stating that, “the total of an extent of Ac 11.68 cents in

survey No.367 of Kolamuru Village of Rajamahendravaram Rural

Mandal is classified as “Government Poramboke” and mentioned

as “Kankara Gutta Sthalam” in remarks column. Later the same

total extent of Ac 11.68 cents in survey No.367 of Kolamuru Village

of Rajamahendravaram Rural Mandal was re-classified as

“Government Dry” and assigned to “Sri Chavali Rama Murthy

Sastry” during the year, 1933 and the changes were incorporated

in the A-Register as per East Godavari Collector’s Kakinada vide

R.Dis.2459/1933, dated 19.05.1933”. The assignment of the land

was made in the year 1933 as per G.O.Ms.No.575 Revenue (Assnt-

I) Department, dated 16.11.2018, wherein the Government

directed the revenue authorities to remove the lands which were

assigned prior to the year 1954 from the prohibited properties list

under Section 22-A of the Registration Act. Accordingly, the

respondent No.5-Tahsildar vide Ref(B) 160/2019 dated 06.08.2019

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recommended to remove the land to the total extent of Ac 11.68

cents in survey No.367 of Kolamuru Village of Rajamahendravaram

Rural Mandal from the prohibited properties in Annexure-II under

Section 22A(1)(b) of Registration Act, 1908.

4. Learned counsel for the petitioner submits that the

respondent No.2-District Collector, without considering the report

submitted by the respondent No.5-Tahsildar, issued an

endorsement rejecting the petitioner’s application by blindly

referring to the proceedings E/2134/2019 dated 07.08.2019 of the

respondent No.3-Sub-Collector, wherein he stated that, “the

webland records, in respect of the subject land was entered as

Government land and noted as Kankaragutta land. The changes in

“A” Register regarding assignment of the subject land in the year of

1933 is only recorded evidence and it is not enough to delete the

land from the prohibited properties list under section 22-A. The

subject land will be deleted from the prohibited properties list only

after the verification of assignment proceedings of D patta copy.

Finally, the Sub-Collector, Rajamahendravaram has recommended

for rejection of the above mee-seva application. In view of the

above, the above Mee-seva application is hereby rejected”. Hence,

the rejection of the petitioner’s application on the ground that the

land shown as Government land in webland record is illegal,

arbitrary and contrary to the evidence on record.

5. Per contra, the learned Government Pleader for Registration

and Stamps appearing for the respondents stated that the subject

land is government land as per webland records and after

thorough verification of the assignment proceedings of D-form

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patta, the subject land will be deleted from the prohibited property

list. Hence, the rejection of the Mee-seva application of the

petitioner cannot be said to be illegal and arbitrary.

6. In the facts and circumstances of the case, considering the

submissions of the counsel and a perusal of the record, this Court

found that as per the recommendation of the respondent No.5

dated 06.08.2019 the land in survey No.367, situated at Kolamuru

Village, Rajamahendravaram Rural Mandal of East Godavari

District was re-classified as Government Dry and assigned to Sri

Chavali Rama Murthy Sastry in the year, 1933 and the changes

were incorporated in the A-Register vide East Godavari Collector’s

Kakinada vide R.Dis.2459/1933, dated 19.05.1933. The

respondent No.3 in reference to proceedings E/2134/2019 dated

07.08.2019 submitted that the subject land will be deleted from

the prohibited properties list only after verification of the

assignment proceedings of D-patta copy. The respondent No.2-

District Collector, instead of considering the petitioner’s mee-seva

application in its proper perspective and objectively as per the law,

simply rejected the application which is illegal and arbitrary. The

endorsement of the respondent No.2-District Collector vide L.Dis-

REV-ESCCOLAS(NOC)84/2019-SA(ES)-CL-O-EG dated 08.08.2019

is declared as illegal, arbitrary and contrary to the evidence on

record. The Government of Andhra Pradesh issued G.O.Ms.No.575,

Revenue (Assign.I) Department dated 16.11.2018 authorizing the

District Collector to delete the Government lands assigned prior to

18.06.1954 from the purview of the provisions of section 22-A of

the Registration Act, 1908. Despite the directions issued by the

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Government by way of G.O.Ms.No.575, dated 16.11.2018, the

respondents are still continuing the lands assigned prior to 1954

in the prohibited property list which is illegal and arbitrary.

7. In similar circumstances, this Hon’ble Court in W.P.No.1418

of 2020, dated 27.01.2020 directed the respondents therein to

complete the process of deletion of the subject property from the

prohibited property list in terms of the G.O.Ms.No.575, dated

16.11.2018. This Court on perusal of the record found that the

respondent No.2-District Collector without considering the land

records and the recommendations of the respondent No.5, simply

rejected the application of the petitioner for deletion of his land

from the prohibited property list stating that, as seen from the

webland records, the subject land was entered as Government land

and noted as Kankaragutta land. The respondent No.2-District

Collector would not have been carried away by the webland record

which is contrary to the revenue records available before him by

stating that the subject land will be deleted from the prohibited

properties list only after verification of assignment proceedings of

D-form patta and moreover he did not even take into consideration

the G.O.Ms.No.575, dated 16.11.2018 and issued an endorsement

dated 08.08.2019 illegally. Therefore, the respondent No.2-District

Collector is directed to re-consider the petitioner’s mee-seva

application by considering the recommendations of the respondent

No.5 and other revenue records and pass appropriate reasoned

order of deletion of the petitioner’s land from the prohibited

property list as per law, within a period of four (4) weeks from the
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date of receipt of copy of this order and communicate the same to

the petitioner.

8. Accordingly, the Writ is allowed. There shall be no order as

to costs.

As a sequel thereto, miscellaneous petitions, if any, pending

shall stand closed.

__________________
M.GANGA RAO, J
04.06.2021
Ksn/EPS
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THE HON’BLE SRI JUSTICE M.GANGA RAO

WRIT PETITION No.15305 of 2020

04.06.2021

Ksn/EPS