THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.41839 OF 2018
ORDER:
The present Writ Petition is filed by the petitioner seeking the following relief:
"...to declare the list of prohibited properties furnished by the District Collector, Krishna at Machilipatnam in File No.Rev- ESECOLAS (REP)/6/2015-TAH (SUPDT-E)-KCO, dated April, 2018 and consequential endorsement of the District Registrar, Vijayawada, vide No.G1/1105/1, dated 14.05.2018, in including the petitioners land in Survey Nos.101/1 to 101/4, 103/2 to 103/9, 103/11 to 103/13, 104/1, 105/1, 105/2, 105/5, 15/7 to 105/9, 105/11, 105/12, 106/1 to 106/3 of of Zami Navepothavaram village, Ibrahimpatnam Mandal, Krishna District, as being illegal, arbitrary, unreasonable, violative of provisions of the Registration Act, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and set aside the same so far as the petitioner's land in the above said survey numbers are concerned ...."
2. Heard Sri A. Giridhar Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
3. The Assistant Government Pleader, while denying the averments of the petitioner in the Writ Petition and reiterating the contentions in the counter affidavit, submitted that in view of Full Bench judgment of this Court in W.A.Nos.343 of 2015 and batch, dated 23.12.2015, the petitioner has to approach the appropriate authority for deletion of the 2 subject property from the list under Section 22-A of the Andhra Pradesh Registration Act, 1908. But, the petitioner, instead of approaching the competent authority-District Collector, has filed the present Writ Petition. The relevant portion of the said judgment reads as follows:
"(ix). It is open to the parties to a document, if the relevant property/land finds placed in the list of properties covered by clauses
(a) to (e) of sub-section (1) of Section 22-A, to apply for its deletion form the list or modification thereof, to the concerned authorities as provided for in the guidelines. The concerned authorities are obliged to consider the request in proper perspective and pass appropriate order within six weeks from the date of receipt of the application and make its copy available to the concerned party.
(x) The redressal mechanism under Section 22-A(4) shall be before the Committees to be constituted by respective State Governments as directed in paragraph-35.1 above. The State Government shall constitute such committees within eight weeks from the date of pronouncement of this judgment."
4. To the said submission, learned counsel for the petitioner submitted that liberty may be given to the petitioner to make a representation to the District Collector and a direction may be given to the District Collector to dispose of the representation within certain time frame.
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5. Taking submissions of both the learned counsel into consideration, this Court is of the view that no purpose would be served in keeping the Writ Petition pending and, therefore, without going into the merits of the case, the Writ Petition is disposed of with the following direction:
(i) the petitioner is at liberty to make a representation, along with relevant material in support of her claim to the 4th respondent- District Collector, within a period of two weeks from the date of receipt of this order; and
(ii) on receipt of such representation, the 4th respondent- District Collector is directed to place the same before the committee and pass a detailed order, after giving an opportunity of hearing jnto the petitioner and communicate the same, within a period of eight weeks, thereafter.
Miscellaneous applications, pending if any, shall stand closed.
________________________ JUSTICE RAVI CHEEMALAPATI 17th November, 2022 GBS