THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.4920 OF 2021
ORDER:-
This Writ 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 inaction of the
respondents in de-notifying the petitioners land to an extent of
Ac. 1.00 cents and Ac. 4.21 cents situated in Sy.No.155 of Gollapalem Village, Sabbavaram Mandal, Visakhapatnam District from the prohibited property list maintained under Section 22-A of the Registration Act, 1908, despite finality of Decree and Judgment dated 19.01.2015 in O.S.No.52 of 2014 passed against the respondents 1 and 6 by the learned X Additional District Judge, Visakhapatnam at Anakapalli declaring the petitioners title and lawful possession as illegal, arbitrary and violative of Article 14, 300-A of Constitution of India and consequently direct the respondents to de-notify the subject land from the prohibited property list, "
2. Heard, both the counsel, with their consent this Writ Petition is disposed of at the admission stage.
3. The case of the petitioners is that they are the absolute owners and possessors of the land to an extent of Ac. 1.00 cents and Ac. 4.21 cents situated in Sy.No.155 of Gollapalem Village, Sabbavaram Mandal, Visakhapatnam District and their names got mutated in all revenue records and the revenue authorities issued Pattadar Pass Books and Title Deeds in their favour. The petitioners filed a suit O.S.No.52 of 2014 against the respondents 2 and 6 for declaration of title and for permanent injunction and the same was decreed on 19.01.2015 and has become final. The land is zeroyithy land and inspite of civil court decree the Revenue Authorities included the petitioners land in the prohibited property list maintained under Section 22-A of the Registration Act, 1908. Hence, the petitioners 2 made representations dated 29.01.2021 and 15.02.2021 with a request for deletion of their land from the prohibited property list, but in vain. Assailing the inaction of the respondents, this Writ Petition came to be filed.
4. The main grievance of the petitioners is that they submitted representations dated 29.01.2021 and 15.02.2021 to the respondents 2 and 6 for deletion of their land from the prohibited property list as per the decree and Judgment dated 19.01.2015 passed by the X Additional District Judge, Visakhapatnam in O.S.No.52 of 2014 for against the State of A.P rep., by District Collector and Tahsildar, still inclusion of the petitioners' land in the prohibited property list maintained under Section 22-A of the Registration Act, 1908 is illegal and arbitrary, so far the respondents have not passed any order as per law.
5. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel and perused the record. This Court, in the interest of justice, felt it appropriate to dispose of the Writ Petition, directing the respondents 2 and 6 to consider the representations dated 29.01.2021 and 15.02.2021 submitted by the petitioners and pass appropriated reasoned order in accordance with law within a period of four (04) weeks from the date of a receipt of copy of this order and communicate the same to the petitioners.
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: 01.03.2021 KK 3 THE HON'BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.4920 OF 2021 Date: 01.03.2021 KK