THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.9135 OF 2019
ORDER:-
This petition is filed under Article 226 of the Constitution of
India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly
one in the nature of Writ of mandamus, declaring the
action of the 4th Respondent in refusing to register the
subject land under Refusal order passed by the Respondent No.4 vide document of the petitioner reason for refusal for P.No.4 of 2017 and refusal order No.54 of 2017, dated 07.08.2017 is illegal, arbitrary and contrary to G.O.Ms.No.575, dated 16.11.2018. Consequently direct the respondents 3 and 4 to receive the said document, register and release the same in favour of the petitioner".
2. Heard, learned counsel for petitioner and learned Assistant Government Pleader for Registration and Stamps for Respondents.
3. The Case of the petitioner is that he purchased the land to an extent of Ac. 2.87 cents, out of Ac. 5.87 cents in Sy.No. 84/1A of Kirikera Village, Polam of Hindupur Mandal from S. Thimma Reddy and others represented by G.P.A Holder G.Rupa W/o M. Vijaya Bhaskar Reddy. Originally the land was assigned to Thimmaiah vide D.A.R.Dis.No.283/39, dated 20.09.1931 and 2nd respondent had issued No Objection Certificate for the land to an extent of Ac. 4.18 cents, situated in Sy.no. 83/1B, which is also assigned with subject land Sy.No.84/1A. On earlier occasion, the said G. Rupa, being G.P.A Holder has filed W.P.No.3546 of 2017 before the erstwhile High Court of A.P, Hyderabad in respect of the land to an extent of Ac. 5.87 cents situated in Sy.No. 84/1A, wherein this Court observed that, having received the document presented by the petitioner before the Sub-Registrar, Hindupur, 2 under obligation to register the same and the same is in order and does not fall within the prohibited list under Section 22-A of the Registration Act. In case, if he intends to reject the same and pass an order. The said G.Rupa, being G.P.A Holder has executed several sale deeds in favour of various third parties in respect of the remaining lands, situated in Sy.No. 84/1A. As a sequel, the said G.Rupa, being the G.P.A Holder has executed the Sale Deed on 07.08.2017 in favour of petitioner and presented before the 4th respondent for registration in respect of the subject land, which is assigned to P.No.133 of 2017 and passed refusal order No. 57 of 2017, dated 07.08.2017. The petitioner has made application before the 3rd respondent against the impugned order dated 07.08.2017, so far no response from their end, which is illegal and arbitrary. Assailing arbitrary and inaction of the respondents, this Writ Petition is filed.
4. Learned counsel for the petitioner drawn further attention of this Court to the similar judgment of this Court in Sri Bhogala Malakonda Reddy and others v. Sate of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Amaravati1, in similar circumstances and requested to issue a direction as stated above. The learned Assistant Government Pleader requested to pass appropriate orders for implementation of the recommendation made by the 2nd respondent to the 3rd respondent.
5. Following the said order, the respondents are directed to complete the process of deletion of the petitioner's land to an extent of Ac. 2.87 cents, out of Ac. 5.87 cents, situated in Sy.No. 84/1A of Kirikera Village Polam, Hindupur Mandal, from the prohibited property list, within four (04) weeks from the date of 1 W.P.No.10920 of 2019 dated 22.06.2020 3 receipt of a copy of this order, in terms of G.O.Ms.No.575 dated 16.11.2018 and communicate the deletion order to the respondents 3 and 4 immediately. On such deletion, the 4th respondent is directed to receive the proposed Sale Deed presented by the petitioner, register it, if it is otherwise in order and release the same in accordance with law.
Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.
_________________________ JUSTICE M. GANGA RAO Date: 03.02.2021 KK 4 THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.9135 OF 2019 Date: 11.02.2021 KK