S.V. Bhatt, J. - (1.) HEARD the learned counsel for the petitioner and the Government Pleader for revenue. The petitioner prays for Mandamus declaring the action of 3rd respondent in refusing to receive and register the document presented for registration in respect of the vacant site to an extent of 73 square yards in R.S. No. 70/4 in Kalaparru Village and Gram Panchayat, Pedapadu Mandal, West Godavari District, on the ground that the said land is Gramakantam land, as illegal and contrary to the provisions of the Registration Act, 1908 (for short 'the Act').
(2.) THE case of the petitioner is that the subject property was and is the private property of individuals and the same is covered by the sale transaction dated 25.01.2010. The petitioner intends to sell the property. The Sub -Registrar/3rd respondent has refused to entertain the document for registration on the ground that R.S. No. 70/4 in Kalaparru Village is recorded as Gramakantam. The further objection of 3rd respondent in this behalf is Gramakantam is Government property and the property is included in the prohibitory list maintained under Section 22 -A of the Act. The inclusion of Gramakantam lands in prohibitory list is in terms of G.O.Ms. No. 100 Revenue (Assn. I) Department dated 22.02.2014. Through G.O.Ms. No. 56 Revenue (Assn. I) Department dated 16.02.2015 (sic), the orders issued in G.O.Ms. No. 100 Revenue (Assn. I) dated 22.02.2014 are cancelled. The effect of cancellation is that either the Tahsildar or the Sub -Registrar, on the ground that a particular survey number is classified as Gramakantam shall not refuse to receive a document for registration.
(3.) THE petitioner is compelled to approach this Hon'ble Court complaining against refusal to receive or inclusion of Gramakantam land in prohibitory list on the strength of executive orders or communication from the Revenue Department to Sub -Registrar. The effect of executive order or the communication from Revenue Department is prima -facie presumptuous and not in line with the applicable statutes. The inclusion of village site/Gramakantam in prohibitory list is on the strength of Resettlement Register (RSR) or other revenue records. The RSR was prepared after conducting settlement operations under Board Standing Order -I. A close scrutiny of the RSR would disclose that Column No. 4 deals with Government or inam. The purpose of furnishing details under column 4 of RSR is to identify where the lands are situated. 'G' means part of Government village and Government levied land revenue. On the other hand, inam means the land was covered by estate tenures. So the details in column 4 of RSR cannot be treated as conclusion ownership of Government on Gramakantam lands. Likewise, Section 3(ii)of the Survey and Boundaries Act, 1923 defines Government land, to mean - any land not forming an estate or portion thereof.;