LAW FOR ALL

When the R.H. and pattadar pass book and title deed shows as private land, mere entry as A.W land in revenue record does not convert the land as government land = the revenue record clearly shows that the land is a private land. In support of his plea that it was a private land, the petitioner filed a copy of the Register of Holding, a perusal of which would show that the name of Guduru Rachaiah is shown as the owner of the property admeasuring Ac.4.84 cents in Sy.No.147/2. This extract shows that the same has been issued by the Office of the Sub-Registrar. The petitioner has also filed a copy of the pattadar passbook issued by the Mandal Revenue Officer as far back as 30.06.1994. It is not disputed that the petitioner has purchased the property under a registered sale deed on 12.04.1972. In the face of this overwhelming documentary evidence to show that the petitioner is the owner of the property, the only ground on which respondent No.5 declined to register the sale deed and respondent No.4 confirmed the refusal order of respondent No.5 is that in the list furnished by the then Tahsildar in the year 2007, the property was shown as AW belonging to the Government. Respondent Nos.4 and 5, being the independent functionaries exercising powers and discharging duties under the provisions of the Registration Act, 1908 (for short 'the Act'), are bound to act independently by exercising their mind without being blindly guided by the instructions of the Tahsildar or the other revenue officials of the District. The mere fact that in the opinion of the Tahsildar, the property is the Assessed Waste belonging to the Government and he has accordingly included the property in his list sent to the registering authority would not make the land truly belonging to the Government.= The Chief Secretary of the State of Andhra Pradesh is directed to personally examine the issue and issue appropriate instructions to the Principal Secretaries of the Revenue and Stamps and Registration to work out the modalities strictly in accordance with the provisions of Section 22-A of the Act to ensure that the revenue officials, such as Tahsildars, do not include the private properties in the Government list, unless the revenue record unambiguously shows that the properties belong to the Government, and the registering authorities do not refuse to entertain the documents simply on the basis of the list sent by the Tahsildars and other revenue officials.