Shaik Alla Bakash vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4942 AP

             HONOUERABLE SRI JUSTICE M. GANGA RAO

                      Writ Petition No.20530 of 2020
ORDER:

This writ petition, under Article 226 of the Constitution of India,

is filed seeking to declare the action of the 4th respondent in refusing

to register document P.No.65/2020 vide refusal No.9/2020, dated

01.10.2020 stating that land an extent of Ac.1.50 cents situated in

790-1 of Nandyalampeta village polam, S. Mydakur Mandal, YSR

Kadapa District, shown in the web land as government land as

illegal, arbitrary and violative of the provisions of Registration Act,

1908 and consequently to set aside the same and direct the 4th

respondent to receive the document for registration and release the

same.

The case of the petitioner is that he is absolute owner and

possessor of land an extent of Ac.1.50 cents situated in 790-1 of

Nandyalampeta village polam, S. Mydakur Mandal, YSR kadapa

District and the said property is ancestral and devolved upon the

petitioner. The name of the petitioner was also mutated in the

revenue records. When the petitioner intended to transfer the land to

his cousin by way of gift settlement deed, he approached the 4th

respondent on 16.09.2020 for registration of gift settlement deed, but

the 4th respondent, having assigned P.No.65 of 2020, refused to

register and release the same on the ground that the landed

property is shown in web land as government land, which is illegal

and arbitrary. Aggrieved by the arbitrary action of the 4th respondent,

the present writ petition is filed.

                                     2                                 MGRJ

                                                        W.P.No.20530 of 2020

Heard the learned counsel for the petitioner and the learned

Government Pleader for Registration and Stamps.

When the matter is taken up for hearing, learned counsel for

the petitioner would submit that the issue involved in the writ petition

is squarely covered by a judgment of this court passed in

W.P.No.17047 of 2019 dated 27.11.2019 and that the writ petition

may be disposed of in terms of the said judgment, the grievance of

the petitioner shall stand redressed, for which the learned Assistant

Government Pleader has not disputed the same.

Considering the facts and circumstances of the case and

submission of the counsel and on perusal of the record, in the

interest of justice, this court felt it appropriate to dispose of the writ

petition following the order passed in W.P.No.17047 of 2019 and for

the reasons alike in W.P.No.17047 of 2019 dated 27.11.2019, the

writ petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, shall

stand closed.

Registry is directed to annex copy of the judgment in

W.P.No.17047 of 2019 dated 27.11.2019.

________________ M. GANGA RAO, J Date: 02-12-2020

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