THE HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.25239 of 2020
ORDER
This petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the proceedings in R.Dis.No.(POT)/1706/2018, dated 18.01.2020 issued by the 2nd respondent rejecting the petitioner's claim for deletion of the land an extent of Ac.0.64 cents in Sy.No.145/1 of Nagisettipalli Village fields, B.Muttam Mandal, Y.S.R.District from the prohibitory (Dotted) lands list under Section 22(A)(1)(a) of the Registration Act, 1908 as illegal, arbitrary and consequently set aside the proceedings in R.Dis.Bi.(POT)/1706/2018, dated 18.01.2020."
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Registration and Stamps.
The case of the petitioner is that he inherited the land to an extent of Ac.0.64 cents in Sy.No.145/1 of Nagisettipalli Village fields, B.Muttam Mandal, Y.S.R.District after demise of his father. Since then, the petitioner is in peaceful possession and enjoyment of the property. Respondents 3 and 4 have mutated his name in revenue records and also issued pattadar pass books and title deeds. The subject land is a purely private patta land and the same is neither Government nor an assigned land. One Manyam Rama Subbaiah @ Rama Subba Reddy, who is one of the cousin of petitioner obtained pattadar pass book on his name for an extent of Ac.0.32 cents out of Ac.0.64 cents. The petitioner filed an appeal before the 3rd respondent for cancellation of the pattadar pass book issued in favour of Manyam Rama Subbaiah. The 3rd respondent passed an order for the cancellation of the pattadar pass book issued in favour of Manyam Rama Subbaiah through the proceedings, dated 14.07.1998. Thereafter, Manyam Rama Subbaiah filed a suit in O.S.No.274 of 1998 on the file of the Court of the Junior Civil Judge, Badvel for declaration of his title and permanent injunction over the land an extent of Ac.0.32 cents out of Ac.0.64 cents and the said suit was dismissed vide judgment and decree, dated 15.06.2005. Being aggrieved by the judgment and decree, he filed A.S.No.17 of 2005 on the file of the Court of the Additional Senior Civil Judge (FAST Tract Court) Rajampet at Badvel and the said appeal was also dismissed vide judgment and decree, dated 02.05.2006. After conducting thorough enquiry, the 2nd respondent held that the subject land is in the peaceful possession and enjoyment of the petitioner and his forefathers from the period prior to the year, 1936. Further, the competent Civil Courts dismissed the suit filed by the Manyam Rama Subbaiah. Surprisingly, the 4th respondent initiated the proceedings under the provisions of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 by issuing notice in Ref.No.B/155/2010, dated 10.06.2010 as if the subject land is an assigned land and calling upon the petitioner to submit his explanation as to why the assignment granted in his name should not be cancelled. Assailing the action of the 2nd respondent, this Writ Petition is filed.
Learned Counsel for the petitioner submits that the petitioner filed W.P.No.15134 of 2010 seeking to declare the proceedings initiated under the provisions of the Act, 1977 and he came to know that the subject land is included in the prohibitory (dotted) lands list under Section 22-A of the Registration Act, 1908 basing on the dots in RSR, that the State of Andhra Pradesh has made an enactment called Andhra Pradesh Dotted lands(Updation in Re-settlement Register) Act, 2017 (for brevity hereinafter referred to as the Act, 2017) enabling the persons aggrieved to submit claim petition for updation of their names in the Re-Settlement Register as per the procedure envisaged therein. The petitioner submitted a representation, dated 23.06.2010 bringing to the notice of the 3rd respondent that the subject land is private patta land and the same is in peaceful possession and enjoyment of the petitioner and his forefathers for the last 70 years.
Learned Counsel for the petitioner further submits that the petitioner filed online application No.APDL011800085232, dated 20.01.2018 through Mee-seva under Section 6 of the Act, 2007 and the same is considered and rejected by the 2nd respondent vide impugned proceedings dated 18.01.2020 stating that as per RSR, the land in Sy.No.145 total extent Ac.10.01 cents of Nagisettipalli Village is classified as "Government Dry" in Column No.4 and 5 and dots(....) in column No.16 and on perusal of the reports and records furnished by the Tahsildar, it is observed that the subject land in Sy.No.145/1 extent Ac.0.64 cents was pending before this Court in W.P.No.15134 of 2010 filed by Sri Manyam Jairamaiah @ Jairam Reddy S/o.Narayanagiri Ramaiah and when the same is withdrawn on 06.08.2018.
Learned Assistant Government Pleader submits that there is no illegality and irregularity in passed impugned order. The petitioner failed to prove his claim under the provisions of the Act, 2017.
Having regard to the facts and circumstances of the case and submissions of the learned counsel, this Court found that the impugned order dated 18.01.2020 rejecting the petitioner's claim for deletion of the land in so far as the petitioner's land is passed without considering petitioner's application in its proper perspective as per law is illegal, arbitrary and contrary to the evidence available on record and therefore this Court, in the interest of justice, felt it appropriate to allow the Writ Petition, remanding the matter for fresh consideration.
Accordingly, the Writ Petition is allowed setting aside the impugned order dated 18.01.2020 and the matter is remanded to the 2nd respondent for fresh consideration and pass appropriate reasoned order within a period of six (6) weeks from the date of receipt of the copy of this Order. There shall be no order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
_________________ M.GANGA RAO, J 06.01.2021 KLPD THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No. 25239 of 2020 06.01.2021 KLPD