WP/20687/2019 of The Ongole District Policemen Co-op. Housing Building Society Ltd., Vs The State of Andhra Pradesh, on 31 December 2020

ORDER:

This writ petition is filed to declare the action of the respondents in treating the petitioner’s land to an extent of Ac.29.92 cents situated in Sy.No.122/10/68 with its sub-divisions of Mamidipalem Village, Ongole Mandal, Prakasam District and also the action of the registering authorities in refusing to register the documents in respect of the said land by treating it as Government land, as illegal, arbitrary and contrary to the orders of the Government issued in G.O.Ms.No.541, Revenue (Assin.II) Department, dated 25.04.2003 and consequential orders of the 6[th] respondent dated 26.05.2003 apart from being contrary to the order dated 21.11.2016 passed by this Court in W.P.No.13695 of 2004, and consequently to direct the respondents to receive, register and release the documents in respect of the aforesaid land without treating the same as prohibited property.

2. The case of the petitioner is that the land to an extent of Ac.29.92 cents situated in Sy.No.122/10 of Mamidipalem Village, Ongole Mandal, Prakasam District, was allotted by the Government in favour of the petitioner society called ‘Ongole District Policemen Cooperative Housing Building Society’ (for short ‘the Society’), which was registered under the Andhra Pradesh Co-operative Societies Act, 1964 for providing house site plots to its members. The society has paid an amount of Rs.14,90,000/- towards market value of the land and the 6[th] respondent issued proceedings dated 26.05.2003 alienating the land in favour of the society. The physical possession of the land was also handed over to the society on 27.08.2003. Later, the Government issued G.O.Ms.No.501 dated 28.10.2004, wherein the Government sought to resume the land in its favour from the society. Aggrieved by which, the society approached this Court by way of Writ Petition No.13695 of 2004. This Court allowed the writ petition by its order dated 21.11.2016. The name of the petitioner society is recorded as pattadar and possessor in all the revenue records. But, a perusal of the list of immovable properties dated 22.11.2017 falling under Section 22-A(1)(b) of the Registration Act, 1908 (for short ‘the Act’) furnished by the 6[th] respondent, it is clear that the subject land in Sy.No.122/68 cannot be treated as the prohibited property as it is clearly mentioned that the subject land is alienated to the petitioner society. This Court also in W.P.No.13695 of 2004 held that when once the market value is paid and possession was handed over to the society, the Government has no jurisdiction to cancel the allotment. The said order has become final. Thereafter, the Tahsildar issued proceedings dated 28.02.2018 stating that the land belongs to the society. Subsequently, the society started executing the sale deeds to its members. Hence, the subject land cannot be treated as prohibited property for registration. When some members approached the registering authority for registration, they passed refusal orders treating the allotted plots as prohibited property. The petitioner society has approached the authorities for deletion of the subject land from the list of prohibited properties, but in vain. Therefore, to protect the interest of its members, the society has filed this writ petition.

3. Learned counsel for the petitioner submits that even in the prohibited property list furnished by the District Collector dated 22.11.2017, it is clearly mentioned that the subject land was alienated by the Government in favour of the Police Housing Society and once the land is alienated, it cannot be treated as Government land. Therefore, the refusal orders passed by the authorities are liable to be set aside. The petitioner society is the absolute owner of the subject land by virtue of purchase made from the Government by paying the market value and in turn it is allotted to its members. The action of the respondents in treating the parcel of land allotted to its members as house sites as per approved layout plan in Survey No.122/10 with its sub-divisions as Government land, is illegal and arbitrary.

4. The Assistant Government Pleader for Registration & Stamps, while reiterating the averments of counter filed by the 5[th] respondent, would contend that the Government allotted the subject land to an extent of Ac.29.92 cents in favour of the society subject to conditions and procedure laid down in Board Standing Order No.24 and since it is a conditional grant, the Government has avowed interest over the subject land. Basing on the information received from the Revenue Divisional Officer, Ongole and the Joint Collector, Prakasam District, the 6[th] respondent issued proceedings dated 04.09.2018 directing the 7[th] respondent to submit the proposal for deletion of the subject land admeasuring Ac.29.92 cents in Sy.No.122/10/68 of Mamidipalem Village from the prohibited list in Annexure-II and for inclusion of the same in the prohibited list in Annexure-V immediately. Until the finalization of the committee created for redressal mechanism for deletion of the land from the list, the registrations could not be entertained. The petitioner also filed W.P.No.43145 of 2017, wherein this Court vide order dated 25.01.2018 observed that the affected parties can approach the competent authority for deletion of properties which were included in the prohibited property list under Section 22-A of the Act and directed the 6[th] respondent to consider the representation of the society dated 15.02.2017 in the light of the records available with him. When a law and order situation arose in Mamidipalem Village with regard to provisional assignments made to the S.C. Association and basing on an agreement reached between the Collector and agitators of said association, the Government ordered resumption of the land from the society to an extent of Ac.26.00 which is free from litigation on the condition that alternate land would be made available to the society by the District administration. Therefore, the Survey No.122/10/68 is included in the list of prohibited properties. Unless the property is de-notified by the 6[th] respondent, the registering authorities cannot make any registration.

5. Learned Government Pleader for Assignment, while reiterating the counter averments of the 6[th] respondent, would contend that basing on the agreement reached between the Collector and agitators with regard to the provisional allotment made in the year 1970, the Government has announced package of relief in the State Legislative Assembly. Based on the announcement, the Government vide G.O.Ms.No.501, dated 28.07.2004, ordered resumption of land in question i.e., Ac.26.00 in Sy.No.122/10 of Mamidipalem Village, Ongole Mandal, which is free from litigation and which was allotted to the society, on the condition that alternate land would be made available to the society. Accordingly, instructions were issued to the revenue officials to identify the suitable land for the society.

6. In the facts and circumstances of the case and considering the submissions of the learned counsel and on perusal of the record, this Court found that the land to an extent of Ac.29.92 cents in Sy.No.122/10 of Mamidipalem Village was allotted to the society on payment of market value vide G.O.Ms.No.541 dated 25.04.2003 and in pursuance thereof, the District Collector through a proceedings dated 26.05.2003 alienated the land in favour of society on payment of 14,90,000/- towards market value of the land 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 Gram panchayat 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. Questioning the said G.O., the society filed W.P.No.13695 of 2004 before the erstwhile High Court of Andhra Pradesh at Hyderabad and the same was allowed on 21.11.2016 setting aside the G.O.Ms.No.501 dated 28.07.2004. In pursuance of the orders of the said writ petition, the Tahsildar, Ongole in his proceedings dated 28.02.2018 stated that the land extent Ac.29.92 cents belongs to the society. Therefore, the society started executing the sale deeds to its members.

7. In view of the above stated facts and proceedings dated 11.12.2017 of the District Collector under the provisions of the Act for inclusion and continuation of the subject land in the prohibited properties list maintained under Section 22A(1)(b) of the Act in spite of the orders passed in W.P.No.43145 of 2017, is illegal and arbitrary. Unless there is a statutory notification prohibiting the registration of the land, the land notified under Section 22A(1) of the Act, there cannot be a restriction on the sale of the land by the land owner. The registration of a document is a public notice and it cannot create valid title than that of his vendor. The registration of a document would not come in the way of Government, to assert its title to the property by availing appropriate remedy under the law.

8. Questioning the refusal of registration of the pending document No.749 of 2018 of one of the members of the society, merely based on the proceedings of the District Collector dated 11.12.2017, filed W.P.No.33514 of 2018. This Court allowed the said writ petition on 02.04.2019 and the same has become final. This Court found that the land to an extent of Ac.29.92 cents in Sy.No.122/10 of Mamidipalem Village was allotted to the petitioner society vide G.O.Ms.No.541 dated 25.04.2003, on payment of market value of Rs.14,96,000/-. The said allotment was upheld by this Court in W.P.No.13695 of 2004 dated 21.11.2016. Thereafter, the society converted the land into 558 house plots as per layout approval by the Mamidipalem Gram panchayat and plots were allotted to the members of the society. The petitioner therein was driven to pillar to post, to obtain order for registration of his documents. 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.122/10/68 with its sub-divisions of Mamidipalem Village in prohibitory property list is illegal. Consequently, the impugned orders of the respondents 4 and 5 are set aside and directed the respondents 4 and 5 to register and release the documents in respect of the subject land of Mamidipalem Village, Ongole Mandal, Prakasam District, without reference to the prohibitory property list, within a period of four (4) weeks from the date of receipt of a copy of this order. The said order was implemented.

9. Following the order passed in W.P.No.33514 of 2018 and for the reasons alike therein, this Writ Petition is also allowed in terms of the aforesaid order. No order as to costs.

10. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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____________________________ JUSTICE M.GANGA RAO

31-12-2020 anr

anr

THE HON’BLE SRI JUSTICE M.GANGA RAO

Writ Petition No. 20687 of 2019

31-12-2020