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2021 DIGILAW 772 (AP)

D. Rajeshwari, W/o. D. Subbramanyam Chetty v. State of Andhra Pradesh, Rep. by its Principal Secretary Revenue Department Secretariat

2021-11-12

M.GANGA RAO

body2021
ORDER : This writ petition is filed to issue a Writ of Mandamus declaring the prohibitory property list communicated by the 2nd respondent under Section 22-A(1)(a) of the Registration Act, 1908 (for short ‘the Act’) including the House Plot Nos.71, 71A, 72, 83, 21 and 74 to an extent of 227.1/3 Sq. yards, 165.1/3 Sq. yards, 275.5/9 Sq. yards, 133.1/3 Sq. yards, 266.2/3 Sq. yards and 261.1/9 Sq. yards situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District as an assigned land and the consequential action of the 5th respondent in refusing to entertain the sale deeds for registration, as illegal and arbitrary and consequently to direct the 5th respondent to entertain the sale deeds for registration of the aforesaid plots by setting aside the prohibitory property list communicated by the 2nd respondent. 2. The case of the petitioners in brief as per the averments of the affidavit filed in support of the writ petition is that the 1st petitioner and the 2nd petitioner had purchased house plot Nos.71, 71A and 72 to an extent of 227.1/3 Sq. yards, 165.1/3 Sq. yards and 275.5/9 Sq. yards respectively situated in Sy.No.199-1A & 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District, through registered Sale deeds vide Document Nos.7034/1984 dated 16.10.1984 and 7384/1984 dated 27.10.1984 from the A.P. Electricity Employees Union, Chittoor (Regd. No.1104) represented by its Chief Promotor, P.Gurappa Naidu. Since then, the subject house plots are in their possession and enjoyment without interference from the respondents. Similarly, the fathers of the petitioners 3 and 5 purchased the plot Nos.83 and 74 to an extent of 133.1/3 Sq. yards and 261.1/9 Sq. yards situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chitoor District through registered Sale deeds vide Document Nos.307/1986 dated 21.01.1986 and 6247/1984 dated 10.09.1984. After demise of their fathers, the said plots were devolved on the petitioners 3 and 5. Likewise, the father of the 4th petitioner purchased plot No.21 to an extent of 266.1/3 Sq. yards situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District through registered Sale deed vide Document No.5733/1984 dated 20.08.1984. After demise of the father of the 4th petitioner, the mother and brothers of the 4th petitioner executed a relinquishment deed in his favour for the said plot. yards situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District through registered Sale deed vide Document No.5733/1984 dated 20.08.1984. After demise of the father of the 4th petitioner, the mother and brothers of the 4th petitioner executed a relinquishment deed in his favour for the said plot. As per the Resurvey and Resettlement Register (RSR), the Sy.No.199 was sub-divided as Sy.Nos.199-1 and 199-2 comprising to an extent of Ac.10.00 and Ac.1.80 cents respectively. Thereafter, the names of the pattadars of the said extents of land were recorded in the Record of Holdings (RH). Later, the legal heirs of the pattadars have transferred their rights through the sale deeds dated 13.06.1946 vide Document Nos.2429/1946 and 2430/1946. Ever since, several sale transactions including the sale transaction dated 18.12.1946 were taken place. Their vendor had purchased the land to an extent of Ac.5.00 and Ac.1.92 cents situated in Sy.Nos.199-1A and 199-1B through Sale deeds dated 07.04.1982 vide Documents Nos.1844, 1845, 1846, 1847 and 1848 of 1982 and 4344, 4345, 4346 and 4347 of 1982 respectively. Their vendor had formed an association namely A.P. Electricity Employees Union, Chittoor (Regd. No.1104) and sold the said extents of land in favour of several individuals including the petitioners and their fathers through sale deeds. Since the date of purchase, the subject house plots are in their possession and enjoyment without any interference from anybody much less the respondents 2 to 4. While things stood thus, the petitioners and other plot owners have submitted applications for building plan approvals to the Municipal Corporation, Chittoor, whereas the Commissioner, Chittoor Municipal Corporation refused to grant building plan approvals at the instance of the respondents 2 to 4. Under those circumstances, the petitioners and other plot owners were constrained to file W.P.No.26554 of 2015 seeking a direction to the Commissioner, Chittoor Municipal Corporation for grant of building plan approvals for house plots situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal and the said writ petition was disposed of on 04.07.2018 leaving it open for the petitioners to submit applications along with required documents for consideration. In the said writ petition, the 4th respondent filed counter stating that the land to an extent of Ac.11.80 cents situated in Sy.No.199/1A is classified as Government land and subsequently, the said survey number is sub-divided as Sy.Nos.199-1A, 199-1B and 199-2 and land under the said survey numbers was assigned to the landless poor under Darkhasth Rules. But, no assignment details or patta numbers were given in the said counter-affidavit. They tried their best to secure the documents relating to the alleged assignment said to have been made in favour of the landless poor under Darkhasth Rules, but no such record is available in the office of the respondents 2 to 4. However, the 2nd respondent submitted the list impugned in the writ petition to the 5th respondent under the purported exercise of powers conferred under Section 22-A(1)(a) of the Act including the land in Sy.Nos.199-1A and 199-1B along with subject house plots. Being aggrieved by the same, the present writ petition is filed. 3. The 4th respondent - Tahsildar, Chittoor Mandal, Chittoor District filed counter stating that originally land extent Ac.11.80 cents situated in Sy.No.199 of Iruvaram Village was classified as Anaadheenam as per ‘A’ Register (RSR). Later, the same was sub-divided and the land in Sy.No.199-1A to an extent of Ac.5.00 was assigned in favour of Kunda Chengaiah; the land in Sy.No.199-1B to an extent of Ac.5.00 was assigned in favour of Gundelu gadu; and the land in Sy.No.199/B to an extent of Ac.1.80 cents was assigned in favour of G.Kuppuswamy, vide DKT Patta No.TR 751/4/64 i.e., during Fasli 1364 and Calendar year 1954-55. As per 10(1) account, the above lands were registered in favour of the above assignees vide 10(1) patta Nos.260, 117 and 319 respectively. Further, as per entry made in 10(1) register, the DKT patta issued for Sy.No.199-1A in favour of Kunda Chengaiah was cancelled for violation of conditions vide proceedings in Roc.No.B5/3850/74 dated 18.07.1974 and attested by the then Revenue Inspector on 20.07.1974 at patta No.260 of 10(1) Register. Further, as per entry made in 10(1) register, the DKT patta issued for Sy.No.199-1A in favour of Kunda Chengaiah was cancelled for violation of conditions vide proceedings in Roc.No.B5/3850/74 dated 18.07.1974 and attested by the then Revenue Inspector on 20.07.1974 at patta No.260 of 10(1) Register. Further, as per entries in DKT Register/office records, the land in Sy.No.199-1A was subdivided notionally and DKT pattas were issued to different persons viz., 1) the land extent Ac.0.80 cents in Sy.No.199/1A/1 was assigned to Munuswamy S/o.Changaiah vide DKT patta No.252/4/87, 2) the land extent Ac.0.73 cents in Sy.No.199/1A/2 was assigned to K.Chinnaiah S/o. Kandaswamy vide DKT patta No.251/4/87, 3) the land extent Ac.1.28 cents in Sy.No.199/1A/3 was assigned to Chengaiah S/o.Varadan vide DKT patta No.254/4/87, 4) the land extent Ac.1.49 cents in Sy.No.199/1A/4 was assigned to K.Manimega S/o.Swamyvasu vide DKT patta No.249/4/87 and 5) the land extent Ac.0.22 cents in Sy.No.199/1A/5 was assigned to Appadorai S/o.Chengan vide DKT patta No.248/4/87 i.e., in the Fasli 1387 and the calendar year 1977-78. Further, as per 22-A list sent to the District Registrar through the District Collector, the sub-divisions in Sy.Nos.199/1/A/1 to 199/1/A/6 were included. It is further submitted that whenever the assigned lands were found alienated, further action shall be taken under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended in Act 8 of 2007. In this case, though the above assigned lands were converted into house sites and alienated through the registered documents, no action has been taken under the provisions of the said Act and there are no reasons available in the office records for such inaction. Hence, the Tahsildar has included the land in Sy.Nos.199/1A/1 to 199/1A/6 in 22-A Register and sent to the District Registrar through the District Collector prohibiting the Government and assigned lands from registration. The same could not be found to be illegal and arbitrary. 4. The petitioners filed the reply-affidavit denying the averments of the counter-affidavit and states that the subject land was assigned in favour of Kunda Chengaiah, Gundelu Gadu and G.Kuppuswamy in the calendar year 1954-55. But, no detailed documents were filed along with counter and the same could not be accepted. 4. The petitioners filed the reply-affidavit denying the averments of the counter-affidavit and states that the subject land was assigned in favour of Kunda Chengaiah, Gundelu Gadu and G.Kuppuswamy in the calendar year 1954-55. But, no detailed documents were filed along with counter and the same could not be accepted. Except making the oral assertions that the assignments were granted in the year 1954-55 and the same were cancelled for violation of the conditions of patta vide proceedings dated 18.07.1974, the respondents are utterly failed to file documents to substantiate their contentions in respect of the land in Sy.No.199. There were several transactions that took place since 1946. Hence, the question of assignment of the land in favour of some assignees in the year 1954-55 does not arise. Therefore, the inclusion of the petitioners’ house site plots in the prohibited property register under Section 22-A(1)(a) of the Act is illegal. 5. Ms. S.Parineeta, learned counsel appearing for the petitioners, would contend that as per the land records of the year 1946 and as per Resurvey and Resettlement Register (RSR), the land to an extent of Ac.11.80 cents in Sy.No.199 of Iruvaram Village, Chittoor Mandal, Chittoor District was a patta land and sub-divided into Sy.Nos.199/1 and 199/2 and comprising the land extent Ac.10.00 cents and Ac.1.80 cents respectively. The predecessors-in-title to the vendors of the petitioners purchased the land through registered sale document Nos.2429 and 2430 of 1946 registered on 13.06.1946. Thereafter, several transactions took place in respect of the subject land. The petitioners’ vendor had purchased the land to an extent of Ac.5.00 cents in Sy.No.199/1A and Ac.1.92 cents in Sy.No.199/1B through registered sale deed dated 07.04.1982 vide Document Nos.1844, 1845, 1846, 1847 and 1848 of 1982 and 4344, 4345, 4346 and 4347 of 1982 respectively. The petitioners’ vendor has formed an association namely A.P. Electricity Employees Union, Chittoor (Regd. No.1104), divided the land into small house plots and sold the plots to several individuals including the petitioners through registered sale deeds. Subsequently, the petitioners purchased the subject house plots during the year 1984 by registered documents and since then they are in possession and enjoyment of the same. The said house plots are situated about two kilometers away from Chittoor Town. No pattadar passbooks are issued under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 to the assignees. The said house plots are situated about two kilometers away from Chittoor Town. No pattadar passbooks are issued under the provisions of the Andhra Pradesh Rights in Land and Pattadar Pass Books Act, 1971 to the assignees. If the subject land is the assigned land, same could have been immediately entered in the list of assigned lands sent to the registration authorities prohibiting the registration of the sale transactions in respect of the subject land. In the absence of same, several subsequent sale transactions have taken place in respect of the subject land. But, in view of the same, the non-submission of the documentary evidence in support of the claim of the respondents that the lands are assigned lands could not be countenanced and inclusion of the petitioners’ subject house plots in the prohibited property list maintained under the provisions of Section 22-A(1) of the Act is illegal and arbitrary and consequently prayed to direct the respondents 2 to 4 to delete the land from the prohibited property list and also direct the 5th respondent to register the sale documents submitted in respect of the subject house plots. 6. Per contra, learned Assistant Government Pleader for Revenue, while reiterating the averments of the counter, would contend that the land extent Ac.11.80 cents in Sy.No.199 of Iruvaram Village is classified as Anaadheenam as per ‘A’ register (RSR). Later, the same was sub-divided and the land in Sy.No.199/1A to an extent of Ac.5.00 was assigned in favour of Kunda Chengaiah; the land in Sy.No.199/1B to an extent of Ac.5.00 was assigned in favour of Gundelu gadu; and the land in Sy.No.199/B to an extent of Ac.1.80 cents was assigned in favour of G.Kuppuswamy, vide DKT Patta No.TR 751/4/64 i.e., during Fasli 1364 and Calendar year 1954-55. He further submits that as per 10(1) account, the above lands were registered in favour of assignees vide 10(1) Patta Nos.260, 117 and 319 respectively. Further, as per entry made in 10(1) Register, the DKT patta issued for Sy.No.199/1A in favour of Kunda Chengaiah was cancelled for violation of conditions vide proceedings dated 18.07.1974. He further submits that as per 10(1) account, the above lands were registered in favour of assignees vide 10(1) Patta Nos.260, 117 and 319 respectively. Further, as per entry made in 10(1) Register, the DKT patta issued for Sy.No.199/1A in favour of Kunda Chengaiah was cancelled for violation of conditions vide proceedings dated 18.07.1974. After cancellation of pattas to original assignees, the land was assigned to different persons viz., the land to an extent of Ac.0.80 cents in Sy.No.199/1A1 was assigned to Munuswamy S/o.Changaiah vide DKT patta No.252/4/87; the land to an extent of Ac.0.73 cents in Sy.No.199/1A/2 was assigned to K.Chinnaiah S/o.Kandaswamy vide DKT patta No.251/4/87; the land to an extent of Ac.1.28 cents in Sy.No.199/1A/3 was assigned to Chengaiah S/o.Varadan vide DKT patta No.254/4/87; the land to an extent of Ac.1.49 cents in Sy.No.199/1A/4 was assigned to K.Manimega S/o.Swamyvasu vide DKT patta No.249/4/87 and the land to an extent of Ac.0.22 cents in Sy.No.199/1A/5 was assigned to Appadorai S/o.Chengan vide DKT patta No.248/4/87 for the Fasli 1387 and the calendar year 1977-78. Thereafter, as per Section 22-A of the Act, the prohibited property list was sent to the District Registrar through the District Collector, the sub-divisions in Sy.No.199/1/A/1 to 199/1/A/6 were included. Hence, the subject house site plots of the petitioners are originally assigned lands and thereafter several illegal transactions were taken place in violation of the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended in Act 8 of 2007. Hence, the inclusion of the lands in prohibited property list maintained under Section 22-A(1)(a) of the Act and prohibiting the registration of the sale transactions in respect of the subject lands, could not be said to be illegal, arbitrary and contrary to the provisions of the Act. 7. In the facts and circumstances of the case, considering the submissions of the learned counsel and on perusal of the record, this Court found that the petitioners’ vendor had purchased the land to an extent of Ac.5.00 and Ac.1.92 cents situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal through registered Sale deeds dated 07.04.1982 vide Documents Nos.1844, 1845, 1846, 1847 and 1848 of 1982 and 4344, 4345, 4346 and 4347 of 1982 respectively and their vendor had formed an association namely A.P. Electricity Employees Union, Chittoor (Regd. No.1104) and sold the small extents of land in favour of several persons including the petitioners through registered sale documents registered in the year 1984. The 1st and 2nd petitioners had purchased house plot Nos.71, 71A and 72 to an extent of 227.1/3 Sq. yards, 165.1/3 Sq. yards and 275.5/9 Sq. yards in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal vide registered document Nos.7034 of 1984 and 7384 of 1984 registered by A.P. Electricity Employees Union, Chittoor (Regd.No.1104) represented by its Chief Promotor P.Gurappa Naidu. Similarly, the father of the petitioners 3 and 5 purchased the plot Nos.83 and 74 respectively to an extent of 133.1/3 Sq. yards and 261.1/9 Sq. yards in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal through registered Sale deeds dated 21.01.1986 and 10.09.1984 vide Document Nos.307 of 1986 and 6247 of 1984. After demise of their fathers, the said plots were devolved on the petitioners 3 and 5. Likewise, the father of the 4th petitioner purchased plot No.21 to an extent of 266.1/3 Sq. yards in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal through registered Sale deed dated 20.08.1984. After demise of the father of the 4th petitioner, the mother and brothers of the 4th petitioner executed a relinquishment deed in his favour for the said plot. Since then, the petitioners have been in possession and enjoyment of the subject house plots without any interference from anybody, particularly respondents 2 to 5. 8. As contended by the learned counsel for the petitioners, since 1946 several registered sale transactions took place in respect of the subject land situated in Sy.Nos.199-1A and 199-1B where the petitioners’ house plots are situated and the petitioners’ vendor purchased the same through registered sale deeds and petitioners also purchased the said house plots through registered sale deeds. Hence, the contention of the learned Assistant Government Pleader for Revenue appearing for the respondents 1 to 5 could not be accepted that the land as per ‘A’ Register (RSR) was Annadheenam and later the same was sub-divided as 199-1A and 199-1B and assigned to several persons during the Fasli 1364 and calendar year 1954-55. No doubt, the assigned lands are prohibited for transfer under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended in Act 8 of 2007. No doubt, the assigned lands are prohibited for transfer under the provisions of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 as amended in Act 8 of 2007. But, inclusion of the petitioners’ house plots in prohibited property list under the provisions of Section 22-A of the Act and communicated the same to the 5th respondent prohibiting any registrations in respect of the subject house plots, is illegal and arbitrary. 9. But, in the case on hand, the petitioners’ vendor purchased the land extent Ac.5.00 in Sy.No.199-1A and land extent Ac.1.92 cents in Sy.No.199-1B through the sale deeds registered in the year 1982 and made house plots and the petitioners purchased the plots through the registered documents in the year 1984. It is an admitted fact that they are not the isolated registered documents, but several registered documents took place in respect of the subject house plots, thereby the land ceased to be assigned land. In fact, the respondents 1 to 4 have not placed any documentary evidence in support of their contention that the subject land is assigned land. 10. Even as per the procedure envisaged under B.S.O.15 of the Andhra Pradesh Board of Revenue Standing Orders, the 4th respondent has to maintain the Darkhasth Register as per Clause 21 of B.S.O.15 and communicate the same to the registration authorities prohibiting the registration of the transfer of the subject land. As no documentary evidence has been placed before this Court that the land is assigned land, the contention of the learned Assistant Government Pleader has no merit consideration. 11. Even if the contention of the learned Assistant Government Pleader is accepted that the subject house plots are situated in Sy.No.199-1A and 199-1B are assigned lands, it is settled proposition of law that mere revenue records maintained by the respondents themselves could not confer any title to the land, as several transactions took place in respect of the subject land situated in Sy.No.199-1A and 199-1B where the petitioners’ house plots are situated and the possession and enjoyment of the petitioners over the subject house plots are supported by registered sale documents registered under the provisions of the Act. That being the factual situation, this Court is not persuaded to accept the contentions of the learned Assistant Government Pleader. 12. That being the factual situation, this Court is not persuaded to accept the contentions of the learned Assistant Government Pleader. 12. In view of the submissions made by the learned counsel for the petitioners coupled with supporting documents, this Court has no iota of doubt to held that the lands are private patta lands and inclusion of the petitioners’ subject house plots situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District in the prohibited property list maintained under Section 22-A(1)(a) of the Act is illegal, arbitrary and liable to be dismissed. 13. In view of the above discussion, the Writ Petition is allowed, directing the respondents 2 to 4 to delete the petitioners’ house site plots situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District from the prohibited property list maintained under Section 22-A(1)(a) of the Act, within one month from the date of receipt of a copy of this order and communicate the deletion order to the 5th respondent forthwith. On such deletion of the petitioners’ house plots from the prohibited property list, the 5th respondent is directed to receive the documents to be submitted by the petitioners in respect of the petitioners house plot Nos.71, 71A, 72, 83, 21 and 74 situated in Sy.Nos.199-1A and 199-1B of Iruvaram Village, Chittoor Mandal, Chittoor District, register and release the same, in accordance with law. No order as to costs. 14. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.