IN THE HIGH COURT OF ANDHRA PRADESH :: AT AMARAVATHI

W.P.No. of 2020

Between:

Devireddy Krishnaveni, S/o. Devireddy Brahma Reddy,

Aged 45 years, Occ: Housewife,
R/o. Door.No. 9/99, Reddy Nagar,
Peddurajupalle Village, B.Matam Mandal,
YSR District. ...Petitioner.

AND

1. The State of Andhra Pradesh rep., by its

Principal Secretary, Revenue Department,
Secretariat Buildings, Hyderabad.

2. The District Collector, YSR District, Kadapa.

3. The Revenue Divisional Officer,

Rajampeta Revenue Division, Rajampeta,
YSR District.

4. The Thasildar, B.Matam Mandal,

YSR District.

5. The Sub-Registrar, Badvel,

Badvel, YSR District. …Respondents.

AFFIDAVIT OF DEVIREDDY KRISHNAVENI

I, Devireddy Krishnaveni, S/o. Devireddy Brahma Reddy, aged 45

years, Occ: Housewife, residing at Door.No. 9/99, Reddy Nagar,

Peddurajupalle Village, B.Matam Mandal, YSR District, do hereby solemnly

affirm and state as follows:

1. I am the petitioner herein and as such well acquainted with the facts of

the case.

2. I submit that, the present Writ Petition is filed assailing the order of

refusal dated 22-02-2020 issued by the respondent No.5, refusing to register

1stPage Corrs: Attestor Deponent

 :: 2 ::

the pending document P.No.02/2020, for the land in an extent of Ac.0.43

cents out of Ac.2.77 cents in Sy.No.728, Ac.0.25 cents out of Ac.1.29 cents

in Sy.No.729, Ac.0.23 cents out of Ac.3.18 cents in Sy.No.744 and Ac.0.25

cents out of Ac.3.20 cents in Sy.No.745 of Dirasavancha Village Fields,

B.Mattam Mandal, YSR District, stating that the land in an extent of

Ac.1.03 cents in Sy.No.744/1 is included as assigned land in the Prohibitory

Lands List under Section.22-A(1)(b) of the Registration Act, 1908 furnished

by the respondent No.2 through the proceedings in Ref.No.POI/364/2016,

dated 10.03.2018, eventhough the document is not presented for the said

extent of land as arbitrary, illegal, colourable exercise of power, contrary to

the provisions of the Registration Act, 1908 and the well established legal

principles apart from being violative of the fundamental and constitutional

rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of

India for the facts and circumstances stated here under. A copy of the order

of refusal, dated 22-02-2020 and the Sale Deed, dated 20-02-2020 are filed

herewith collectively marked as P.1.

3. I submit that, I have purchased the land in an extent of Ac.0.43 cents

out of Ac.2.77 cents in Sy.No.728, Ac.0.25 cents out of Ac.1.29 cents in

Sy.No.729, Ac.0.23 cents out of Ac.3.18 cents in Sy.No.744 and Ac.0.25

cents out of Ac.3.20 cents in Sy.No.745 of Dirasavancha Village Fields,

B.Mattam Mandal, YSR District, hereinafter referred as the ‘subject land’,

through sale deed, dated 20-02-2020 from one Gownipuram Sivaramaraju,

and the said Gownipuram Sivaramaraju presented the same for registration

before the respondent No.5. Whereas, the respondent No.5 having

entertained the document, dated 20-02-2020 and having assigned the

pending document P.No.2/2020 refused to register and release the same,

through the impunged endoresement stating that the land in an extent of

Ac.1.03 cents in Sy.No.744/1 is included as assigned land, in the Prohibitary

lands list under Section 22-A(1)(b) of the Reghistration Act, 1908,

hereinafter referred as the Act, 1908 communicated by the respondent No.2,

through the proceedings in Ref.No.POI/364/2016, dated 10.03.2018.

4. I submit that, I am not at all seeking registration of the land in an

extent of Ac.1.03 cents in Sy.No.744/1. It is necessary to point out here that,

the total extent of the land in Sy.No.744 is Ac.3.18 cents and the extent of

the land which is said to have been included in the Prohibitory Lands list

communicated by the respondent No.2 as assigned land is no where related

to the land which I have purchased. At the cost of repetition, all the revenue

records which stand on the name of my vendor clinchingly substantiate that

my vendor is the Pattadar and possessor of the subject land and hence the

refusal for registration of document P.No.P.2/2020, dated 20-02-2020

referring to the land which has no relevance at all is highly illegal and

amounts to colourable exercise of power, besides abdication of the statutory

duty cast on respondent No.5.

5. I submitted that, an order under Section 71 of the Act, 1908 is an

appealable order as is provided under Section 72 of the Act, 1908. Whereas,

the law is well settled that, if an order under Section 71 of the Act, 1908 is

passed on flimsy grounds, the party aggrieved by the same is entitled to

invoke the extra ordinary jurisdiction under Article 226 of the Constitution

of India. As already submitted supra, the list which has been referred by the

respondent No.5 has no relevance at all for the land for which the document

is presented for registration. Hence, the order under challenge is perverse

and is not akin to the procedure envisaged under the provisions of the Act,

1908 and contrary to the well established legal principles. Therefore, I am

constrained to invoke the extraordinary jurisdiction of this Hon’ble Court

under Article 226 of the Constitution of India.

6. I submit that, for the reasons stated above, I have no effective and

alternative remedy except to invoke the extraordinary jurisdiction of this

Hon’ble Court under Article 226 of the Constitution of India. I have not filed

any Writ Petition or initiated any other proceedings before any other Court

or authority for the relief’s sought for in this Writ Petition.

7. It is, therefore, prayed that this Hon’ble Court may be pleased to issue

an appropriate Writ, Order or direction more particularly one in the nature of

Writ of Mandamus declaring the order of refusal dated 22-02-2020 issued by

the respondent No.5, refusing to register the pending document

P.No.02/2020, for the land in an extent of Ac.0.43 cents out of Ac.2.77

cents in Sy.No.728, Ac.0.25 cents out of Ac.1.29 cents in Sy.No.729,

Ac.0.23 cents out of Ac.3.18 cents in Sy.No.744 and Ac.0.25 cents out of

Ac.3.20 cents in Sy.No.745 of Dirasavancha Village Fields, B.Mattam

Mandal, YSR District, stating that the land in an extent of Ac.1.03 cents in

Sy.No.744/1 is included as assigned land in the Prohibitory Lands List under

Section.22-A(1)(b) of the Registration Act, 1908 furnished by the

respondent No.2 through the proceedings in Ref.No.POI/364/2016, dated

10.03.2018, eventhough the document is not presented for the said extent of

land as arbitrary, illegal, colourable exercise of power, contrary to the

provisions of the Registration Act, 1908 and the well established legal

principles apart from being violative of the fundamental and constitutional

rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of

India and consequently direct the respondent No.5 to entertain the Sale

Deed, dated 20-02-2020 for land in an extent of Ac.0.43 cents out of Ac.2.77

cents in Sy.No.728, Ac.0.25 cents out of Ac.1.29 cents in Sy.No.729,

Ac.0.23 cents out of Ac.3.18 cents in Sy.No.744 and Ac.0.25 cents out of

Ac.3.20 cents in Sy.No.745 of Dirasavancha Village Fields, B.Mattam

Mandal, YSR District and complete the process of registration and release

the same and pass such other orders as are deemed fit and proper in the

circumstances of the case.

8. It is also necessary in the interest of justice that, this Hon’ble Court

may be pleased to direct the respondent No.5 to entertain the Sale Deed,

dated 20-02-2020 for land in an extent of Ac.0.43 cents out of Ac.2.77 cents

in Sy.No.728, Ac.0.25 cents out of Ac.1.29 cents in Sy.No.729, Ac.0.23

cents out of Ac.3.18 cents in Sy.No.744 and Ac.0.25 cents out of Ac.3.20

cents in Sy.No.745 of Dirasavancha Village Fields, B.Mattam Mandal, YSR

District and complete the processof registration and release the same and

pass such other orders as are deemed fit and proper in the circumstances of

the case.