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2019 DIGILAW 54 (AP)

Aamudalapalli Venkateshwarlu v. State of Andhra Pradesh

2019-04-02

M.GANGA RAO, M.GANGA RAO

body2019
ORDER : M. Ganga Rao, J. 1. The petitioner filed this writ petition to declare the order of the Joint Sub-Registrar-1 passed in Order No. 1 of 2018, dated 10.01.2018 and consequential confirmation of the District Registrar, Prakasam District, passed in Appeal No. I of 2018 dated 08.05.2018, whereby the respondents refused to register the sale document bearing P. No. 749/2018 executed in respect of plot admeasuring 150 Sq. yards situated in Sy. No. 122/10/68, Mamidipalem Village, Ongole Mandal and Prakasam District, as illegal and arbitrary. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. With the consent of the counsel, the writ petition is taken up for hearing at the admission stage. 3. The petitioner states that the land to an extent of Ac. 29.92 cents situated in Sy. No. 122/10, Mamidipalem Village, was allotted to the Ongole District Policemen Co-operative Housing Building Society, Ongole (for brevity, hereinafter referred to as 'the Society'), on payment of market value vide G.O. Ms. No. 541, dated 25.04.2003. In pursuance thereof, the District Collector through proceedings, Rc. No. E3/4433-988 dated 26.05.2003 alienated in favour of the society on payment of Rs. 14,96,000/- and possession of the land was given to the society on 27.08.2003. Thereafter, the society coverted the land into 558 flats as per layout approved by Mamidipalem Panchayat and the plots were allotted to the members of the society. Accordingly, Plot No. 22 was allotted to the petitioner and the society executed the sale deed. Thereafter, the Government issued G.O. Ms. No. 501, dated 28.07.2004 for resumption of land at the instance of the Dalit Organization. questioning the G.O. the society filed W.P. No. 13695 of 2004 before the erstwhile High Court of Andhra Pradesh at Hyderabad, and it was allowed on 21.11.2016 setting aside the impugned G.O. pursuant to allowing of the writ petition, the Tahasildar, issued proceedings dated 28.02.2018 stating that the land Ac. 29.92 cents belong to the society. Thereafter, the society started executing the sale deeds to its members. 29.92 cents belong to the society. Thereafter, the society started executing the sale deeds to its members. When sale deed presented for registration, the 4th respondent strangely passed the impugned order dated 10.01.2018 refusing to register the documents on the ground that the property was classified as Government land as per the proceedings of the District Collector, Ongole, dated 11.12.2017 under Section 22(A)(1)(b) of the Registration Act, against which appeal No. 1 of 2018 is preferred before the 4th respondent-District Registrar, but the same is dismissed, by order dated 08.05.2018 confirming the order passed by the Joint Sub-Registrar. Hence, the Society submitted a representation on 15.02.2018 to the 2nd respondent for deletion of the land from the prohibitory order list. As no orders are passed, the Society filed W.P. No. 43145 of 2017 for deletion of the land from the prohibitory order list. Following the judgment in Vinjamuru Rajagopala Chary v. State of Andhra Pradesh 2016 (1) ALT 550 (F.B.) : 2016 (2) ALD 236 (F.B.), the said writ petition is disposed of on 25.01.2018 directing the 2nd respondent to consider and dispose of the representation of the society for deletion of the land from the prohibitory order list, within a period of three months, but no orders are passed so far. As per the list furnished by the District Collector to the Sub-Registrar, Narasaraopet, dated 22.11.2017, the subject land in Sy. No. 122/10 cannot be treated as the prohibited property, wherein it is clearly mentioned that the subject land is alienated to Ongole District Policemen Co-operative Housing Building Society. 4. Sri A. Giridhara Rao, learned counsel for the petitioner would contend that the impugned proceedings issued are arbitrary, illegal, contrary to evidence on record, treating the subject land as Government land in spite of the proceedings of the Government. Collector and Tahsildar, the Sub-Registrar refusing to registration of the sale deed P. No. 749 of 2018 is unsustainable in law. The sub-Registrar mechanically, without application of mind to the facts available on record simply rejected the registration of the sale deed submitted by the society in favour of the petitioner. Mechanically, the Deputy Registrar confirmed the same. He seeks to set aside the impugned proceedings and to direct the registration authorities to receive, register and release the document to the petitioner without reference to the inclusion of the land in the prohibitory order list and which is illegally continued. Mechanically, the Deputy Registrar confirmed the same. He seeks to set aside the impugned proceedings and to direct the registration authorities to receive, register and release the document to the petitioner without reference to the inclusion of the land in the prohibitory order list and which is illegally continued. 5. Learned Assistant Government Pleader for Revenue appearing for the respondents submits that there is no illegality, arbitrariness in passing the impugned orders, as the lands are shown in the prohibitory property list maintained under Section 22-A of the Registration Act. Since the land is included in the prohibitory order list, registration of the documents in respect of the land could not be entertained. 6. In the facts and circumstances and in considered view of this Court the land to an extent of Ac. 29.92 cents in Sy. No. 122/10, Mamidipalem Village was allotted to the Ongole District Policemen Co-operative Housing Building Society Limited, Ongole on payment of market value vide G.O. Ms. No. 541 dated 25.04.2003 in pursuance thereof the District Collector through proceedings dated 26.05.2003 alienated the land in favour of the society on payment of Rs. 14,96,000/- and possession of the land was also given to the society on 27.08.2003. Thereafter, the society converted the land into 558 plots as per layout, approved by the Mamidipalem Grampanchayat and plots were allotted to the members of the Society. At the instance of Dalit Organizations, the Government issued G.O. Ms. No. 501, dated 28.07.2004 for resumption of land. The society filed W.P. No. 13695 of 2004 questioning the said G.O. and the same was allowed on 21.11.2016 setting aside the impugned G.O. In pursuance of the orders of the writ petition, the Tahasildar, Ongole in his proceedings dated 28.02.2018 stated that the land AC. 29.92 cents belongs to the society. Therefore, the society stated executing sale deeds to its members. 7. In view of the above stated facts and proceedings inclusion and continuation of the subject land in prohibited properties list maintained under Section 22A(1)(b) by proceedings dated 11.12.2017 of the District Collector under the provisions of the Registration Act is illegal, arbitrary in spite of the orders passed in W.P. No. 43145 of 2017 to take appropriate decision on the representation of the petitioner society dated 15.02.2017, submitted to the 2nd respondent. So far, the Collector has not taken any action on the representation. So far, the Collector has not taken any action on the representation. Unless there is a statutory notification prohibiting the registration of the and notified under Section 22(A)(1) of the Registration Act, in accordance with law, there cannot be a restriction on the sale of the land by the land owner. Registration of a document is a public notice, it cannot create valid title than that of his vendor Registration of the document would not come in the way of Government, to assert its title to the property by availing appropriate remedy in law. Refusal of the registration of the pending document No. 749 of 2018 by the Registration authorities, merely based on the proceedings of the District Collector dated 11.12.2017, wherein the land was included in the prohibitory property list is illegal. This Court found that the petitioner was driven to pillar to post, to obtain order for registrations of his document. In spite of the orders of this Court, the respondents failed to take appropriate action. In those circumstances, this Court is constrained to declare the proceedings of the District Collector dated 11.12.2017, insofar as inclusion of the land to an extent of Ac. 29.92 cents situated in Sy. No. 122/10 of Mamidipalem Village in prohibitory property list is illegal. Consequently, impugned orders of the respondents 4 and 5 are set aside and directed the respondents 4 and 5 to register and release the document bearing F. No. 749 of 2018 executed in respect of plot No. 22 admeasuring 150 Sq. yards situated in Sy. No. 122/10/68, Mamidipalem Village, Ongole Mandal, Prakasam District, without reference to the prohibitory property list, within a period of four weeks from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is allowed. 9. No order as to costs. 10. Miscellaneous petitions, pending if any, also shall stand dismissed.