1, A, N v. Secretariat, HYderabad

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to lssue a Writ of Mandamus or any other appropriate writ declaring that the action of the respondent No 3 in prohibiting registration of sale deeds in respect of the land admeasuring Ac 1-24 guntas in Sy No l7212 of Jalpally Village, is arbitrary and illegal and direct the respondent No 3 to entertain sale deeds and register them in respect of the said land without insisting for No Objection Certificate from the revenue department l.A. NO: 1 OF 2014(WP MP. NO: 45056 OF 2014 Petition under Section 15'r cpc praying that in the circumstances stated in the affidavit filed in s;upport of the writ petition, the High court may be pleased direct the respondent. No.3 to entertain the sare deeds presented by the petitioner in respect or the rand admeasuring Ac.1-24 guntas ir sy.No.172t2 of Jalpally Village, Saro,rangar Mandar, Ranga Reddy District and return the documents after due registration, pending disposal of the wit petition Counsel for the Petitioners: M/S BHARADWAJ ASSOCIATES Counsel for the Respondents: Gp FOR REVENUE The Court made the following: ORDER €.{S$tr { /., ./,, - ..,,/ I THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No 35994 of 2OL4 This writ petition is filed seeking the foliowing prayer "...declaring that the action . of the respondent No.3 in prohibiting registration of sale d.eeds in respect of tle land admeasunrug Ac'1- 24gts., in SA.No.172/ 2 of Jalpallg Village, Saroornagar Mandal, Ranga Reddy District (sub ject propertg) is arbitrary and illegal and direct tLrc respond-ent No.3 to enteftain sale deeds and register them in respect of the said lond utithout insisting for No Objection Certif'cate from the reuenue dePartment.. '"

2. The brief facts of the case as stated are that the petitioners are family members and are residents of Jalpaliy Village, Saroornagar Mandal, Ranga Reddy District. Petitioner No.1 is representing petitioner Nos 2 and 3 on authorization. It is submitted that the subject land was purchased by father of petitioner Nos' 1 and 2 in the year 1968 from the original pattadars and owners and mutation was granted. Accordingly, his name was recorded as pattadar and possessor of the said land after regularization proceedings passed under Section 5(A) of 2 Andhra Fradesh Record of Rights in Land and pattadar Passbookr; Act, l9T1 uide proceedings of Tahsildar bearing No.A/ 106,+/ 1992 dated 11.O2.lgg4.It is further submitted that since the petitioners are legal heirs an,l successors, thel h; rve inherired and succeeded on the sultlect property ard that t-te subject lalds are private patta lards. 3, TlLe petitioners are now desirous of s:lling land to meet thcir financial needs and approached tht: office ol the sub-registr.ar for the purpose of registratior_r of the subject la,d, u.hereby. it u,as i,formed that the said land was not accepted ftr registration. At that stage, petitioners have filed W.P.No.21SB4 of 2012 seeking to declare the action of Sub-Registrar in not entertaining the subject property as illegai a nd arbitrary and a-lso consequentially direct the Tahsidar to issue of No Objection Certificate to the said lald enabling respondent No.1 to entertain the process of registration. However, the said writ petition wa,s withdrawn on 15.1 1 .2(\12 and liberty was granted to fi1e appeal under Section 72 of Registration Act, 19OB (for short ,the Act, hereinafter) against the endorsement of Sub_Registrar dated 10.07.2012, wihicin reads as under: ) J "A.Naragana Goud is land owner to SA.No.172/ 2 odmeasuing Ac'1-24 guntas situated at Jalpallg Village, Saroornagar Mandal, Ranga Reddg Distict uide patta No.467, Patta Pass Book No'427343, Title Deed No.424133 issued bg the concer-ned quthoities' The Gouernment of Andhra Pradesh' Reuenue (Regn.I) Department Memo'No' 50834/ Regn.I/A1/2010-6, dated 22'10'2011, the prohibitory list furnished by tlrc Tahsidlar' Saroorangar Mandal, R.R- District' As per the prohibitory list Sg.No.172 of Jalpallg is noted as Laoni patta i.e. Gouernment. In uieu of the aboue no objection certificate required for registration of the aboue said propertg" '

4. The petitioner has filed an appeal before District Reglstrar on 26.11.2012, questioning the said endorsement of the Sub-Registrar and no notice of hearing was issued by the District Registrar alrd thereby petitioner understood that the appeal is not entertained at all' It is further submitted that there is no legal requirement for obtaining No Objection Certificate for the purpose of registering the document. It is also submitted that the subject lands are recorded as Khariz Khata in the Khasra Pahani and also Sesala Pahanies. In some of the pahanies, it is recorded as I i 4 Laoni patta and that the subject land is private land and not Government land and Khariz Khata does t,rot mean that the land is Government land. At best, it is der_roted that the revenue account of a defaulter has been struck off. Earlier a part of land in same survey number fronr out of total extent of Ac.3-OB gts., was sold under registered sale deeds long ago as such there is no basis for not enlertaining the sale deeds concerning the subject lancls.

5. I t is further submitted that in sirrrilar matters relating to S1'.No. r2l2 of Jalpaity village u,as decided by this Courr in W.p.No. tSgTZ of "2013 dated 08.10.2013 directing Sub-Registrars to entertain and register the sare deeds ald a similar view was taken in another rvrit petition in W.P.No.2,836g of 2O11 concerning the land in Sy.No.219 of Ja1pa111, Village. it is lurther submitterl that the registration authorities cannot avoid registratio r-L in respect of such lartds covered by pattadar passbooks and title deeds and f there is no ciaim for title, the State has to proceed in accordance to law. It is further submitted that appeal befor.e the District Registrar has proveo ineffective as the Government memo is the basis for not registering I 5 the subject land. Questioning the same, the present writ petition is filed.

6. A counter affidavit has been filed by Deputy Collector/Tahsildar, Saroornagar Mandal, Ranga Reddy District i.e., respondent No.5 denying the claim of the petitioner that the land in Sy.No.l72l2 in Jalpally Village is a private 1and.. It is submitted that according to Khasra pahani for the year 1954-55 of Jalpally Viilage, Saroornagar Mandal, the land in Sy.No.17212 to an extent of Ac.3-OB gts., is recorded in classification column as 'sarkari Khariz Khata' and as per the. latest paharies, the Sy.No.l72/2 an extent of Ac.l-29 gts., recorded in classification column as Laoni Patta. Earlier the said land being a Government land was assigned to one Gurrampally Achaia-h and others under assignment rules basing on which an entry with Laoni Patta was recorded. On verification of the revenue records i.e., pahani from the year 1960-6 1 onwards, the scheduled lald was recorded as patta iri the name of Gurapally Yellaiah and 5 others upto lgTO-71. In the year 1966-67, the name of A.Eswaraiah, the father of the writ petitioner was recorded as possessor 6 against Sy.No.lZ2/2 admeasuring Ac.1_29 grs., and from the saicl entries, it is reveared that said A. Eswaraiah purchaserl t1're land lrom G.Ramaiah and 3 others through unregist.eled sale deed in the year 1968 ar_rd the same was implemented in the revenue records in the .vr:ar 1994 uide proceedir-rg No.Al 1064 / 1992 dated II.O2.Igg4. Subsequer-rtly A.Eswaraiah expired and su{rcession was grantecl irL favour of Sri A.Narayana Goucl .nd 2 others ulde Proc.l'lo .B / SST7 I 2OO3 dated 25.03.2003 and pattadar passbo o1<s / ti tle deeds,,vere issued.

7. It is further submitted that as per the instructions receivcd from the District Administration, thc respondent verified th3 rerrentre records and basing on the Khasra Pa-hani/ Ser;1a pahani, the scheduled land u.as listed in the prohibitory register and proposals to this; effect for notification under Section 22_A has also been submitted to the District Collector, Ranga Reddy District. Thereafter, the said propol;als rvere communicated to all the registration departments duiy instructing not to rr:gister any prohibitory lands listed in 22_Aprohibitory register and the sarne are under operation by all the registration 7 departments. It is furthei submitted that the present writ petitioner has earlier filed a writ petition before this Court in W.P.No.21584 of 2OI2 to declare the action of respondent in not entertaining the registrations pertaining to the scheduled land as illegal and requested to direct respondent to issue NOC. However, the said writ petition was dismissed as withdrawn.

8. The petitioner filed a representation on 27 'll'2OI2 along with the above u,ithdrawal orders.before the District Collector, Ranga Reddy District requesting to issue NOC to the Sub-Registrar, Champapet in reppect of the subject lands and the same has been forwarded to respondent No'5 uideLr.No.E4 1356 12013 dated 10.01.2013 with a direction to enquire into the matter and submit a report in the prescribed Check Memo along with sketch. Accordingly, the matter was enquired with reference to the revenue records and detailed facts '"r'ere submitted to the District Coilector uide letter dated 29.O7 .2013 for taking necessary action and the same is pending before the District Level Committee for scrutiny and hnalization' 8

9. It is further submitted that G.Rarnaiah who is resident of Jalpally Village has filed a repr,3sentation on 09.O2.2015 before the District Collector, .langa Reddy District r,:questing to remove the illegal e rtries in the revenuc rc cords and also not to take any action in issuance of NOC Ln respect of the Scheduled Lands. In the meanu.hile , the District Collector on the directions from the Government had issued a preliminary Gazettr: Notification uide R.R.No.96 dated 2B.g.2OI3 under Section 22_A of the Act and re(luested-to display the same at atl the prominent places for receiving claims and objections if :ur,y from the interestcd l)ersons in u,hich the Scheduled Land is also one of the list,:d land. Making the above submissions. the learned Asr;istant Government pleader pral. tl_ris Court to dismiss the present writ petition. 10 Ht:ard learned counsel on either side and perused the materia_ on record. 1 1 It . s pertinent to note that petitioner had not filed any cop.v of pattadar passbooks to prove his title and oniy copies of pahanies have been fi1ed. Apart from the above, 9 no documents have been submitted in support of their contentions. Whereas, the copies of Khasra Pahalies are filed for the year 1954-55 in the counter aJiidavit filed by respondent No.S. On a perusal of the same, Sy'No' 172 for arr extent of Ac.3-08 gts., is classified as Sarkari Khariz and in pattadar column ald possessor column' it is shown as Government and Sarkari. In the Sessala Pahani for the year 1955-58 of Jalpally Village Sy'No'172 admeasuring Ac.3-08 gts., in the pattadar column, it is shown as sarkari whereas in the possession column the narnes of 1.G.Yellaiah, 2.D.Achaiah, 3'G'Ramaiah, 4'D'Yeilaiah' S.D.Ushaiah and 6.D.Pentaiah were Shown'

12. The Ofhce of Deputy Collector and Tahsildar' Saroornagar Mandal, Ranga Reddy District has submitted a letter d.ated 29.07.2013 to the Special Grade Deputy Collector arrd Revenue Divisional Officer, Ranga Reddy Division regarding No Objection Certif,rcate request for the land in Sy.No.l72l2 to an extent of Ac'l-24 gts', of Jaipally Village and called for a detailed report' The said letter was issued with reference to letter of District Collector dated 1O.01.2013 and also referring to application of A'Narayana l0 Goud arrd others dated 27.11.2012. ln the .:eport, it is submitted that as per Khasra pahani fci the year 1954-55, it is record,:d as Khariz Khata Sarkari and in the Sesala Pahali for the year 1955-58, it is recorded as Khariz Khata Sarl<ari b urt in the possession colum n thr: name of

1.G.Yellaiah, 2.D.Achaial-r, 3.G.Ramaial-r, .l.D.yellaiah,

5.D.Ushaial-L and 6.D.Pentaiah r,vere shorvn and in the remarks it is shorvn that the above persons were ir-r possession over thc abovc iand fot- more rhar.r 1ll years and it is recorderl as "Patta Amalaeendhi,,.

13. In the report, it is furtrher submittr:d that on verificaticn of revenue records i.e., pahani frorn the year i96O-6 1 onvrards, it was recorded as patta in the name of G.Yellaiah and 5 others upto 79ZO_21 and during the year 1966-67, thr: name of the petitioners, father A.Esvraraiah r,r,as recordecl as possessor to arr extent of Ac.I_24 gts., in Sy.No.l72/2 Thereafter, the said A.Eswaraiah has purchasecl the lald from G.Ramaiah, rl.yellaiah, G.Ramuiu nnd Babaiah b1u way of unregistered szrie deed in the year 1968 arrd the same was implemented in the revenue recilrds in the year lgg4 uid-e ,:ffice fiie No.Al 1064 11992 dated ll'02'1994' Subsequently' A.Eswaraiah expired and succession was granted in favour of the writ petitioners uiz', A'Narayala Goud ald 2 others uideoffice file No.B/557g12003 dated 25'03'2OO3 and that the petitioners and their father claims to be in possession of the subject land from the last 60 years and whereas the subject land under Section 22-L was recorded as Government land basing on the Khasra Pahani and Sesla Pahani. The Application along with its enclosures are submitted for taking necessary action' The District Collector, Ranga Reddy District has issued District Gazette uide R.R.No.96 in Lr.No'E5/4980/2013/Saroornagar f Jalpally dated 28.09.2O13 notifying certain lands under prohibited list under Section 22-A(1)(a) of the Act and a'lso invited the objections and suggestions from all the affected persons.

14. A copy of representation of G'Ramaiah and G.Yellaiah has also been placed in the counter a-ffidavit filed by respondent No.5 which is addressed to the District Collector, Ranga Reddy District stating that they are cultivating the subject land since their forefathers and even T2 as per Khas:a and Sesia pahanies, the land w.as cultivated by themselr,es. It is stated that y.Narayana Goud and Y.Balasivudu (u,rit petitioners) illegally changed the records ar-rd taken the passbooks and they have ne,",e:r sold the lar-rcl. As such, it is requested to remove their names from the recurds ald requested not to issue NOC tt, the said Y.NarayaneL (ioud artd y.Bala Si,,rrdu. 1 5. tt is; pertinent to note that the notificat ion issued by the DrstrLct Collector in R.R.No.96 dated 28.09.2013 u,as only a notification irrviting for objections. There is no record placed before this Court that l,vhether the petitioners have made any objections. However, petiiioners have not filed copv of rroof of title evidencing purchase ol the said land by pct.it oners, father. Even the records fil,:d by the petitioners dc not indicate the true state of affairs ol the sr-tbject proper-ty sought for registration. .fhere are disputerl questions oi'fact to the extent of title and possession and there are also other rival claims which cannot b,: decided on affidavit. 'l'hat apart the Deputy Collector ald l.ahsildar, Saroornagerr X,{anda_l i.e., respo.dent No.S in hisr cou.ter 'a 13 has stated that at present the matter is pending before the District Levei Committee for scrutiny arrd finalization ,

16. In view of the disputed questions of fact with regard to title and possession and that. the matter is pending before District Level Committee for scrutiny and finalization, the relief sought for in the present writ petition for registration of subject land cannot be issued

17. ln view of the above observations, this writ petition is dismissed. Miscellaneous petitions, pendfng, if any, shall stand closed. However, there shall be no order as to costs. \ oT //TRUE COPY// SD/.L. VIJAYA LAXMI ASSISTANT BEGISTRAR secrrh&rrcen

1. One CC to M/S BHARADWAJ ASSOCIATES, Advocate [OPUC] 2. Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad [OUT]

3. Two CD Copies Bm BS t I HIGH COURT DATED:1110612025 ORDER WP.No.35994 of 2014 o o -L- * ( osTHES T4 1 6 JUr 2025 f !r,TlHrio * DISMISSING THE WRIT PETITION WITHOUT COSTS o( d.> I6