Andhra Pradesh High Court - Amravati
Kalidindi Lakshmana Murthy Raju, vs The State Of Andhra Pradesh, on 23 February, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No. 20552 OF 2020
ORDER:-
The petitioner Mr. Kalidindi Lakshmana Murthy Raju S/o K.
Golla Raju filed this Writ Petition to issue a Writ of Mandamus
declaring the inclusion of the land to an extent of Ac. 5.00 cents
situated in Sy.No.71/10 of Paradesipalem Village, Visakhapatnam
Rural Mandal, Visakhapatnam District in the prohibited property
list maintained under Section 22-A of the Registration Act, vide
notification issued in Rc.No.3795/2007/E1, dated 19.09.2017
issued by the 3rd respondent in Annexure-I of Section 22-A(1)(a) of
the Registration Act of the list showing it as Government land
contrary to the orders passed by the Hon'ble Supreme Court in
Civil Appeal No.3673 of 2009, dated 27.11.2014 reported in
2014(15) SCC 591 is illegal and arbitrary and consequently to set
aside the notification dated 19.09.2017.
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 his mother namely Smt. K.
Varalakshmi along with others jointly purchased the land to an
extent of Ac. 5.00 cents situated in Sy.No. 71/10 of Paradesipalem
Village, through a registered document No. 669 of 1982, dated
27.01.1982. The vendors purchased the land under registered Sale
Deed vide document No. 109 of 1970, dated 12.01.1970 for valid
sale consideration from one Sagiraju Bangaramma. Since then, the
petitioner is in possession and enjoyment of the same. When the
respondents 3 to 5 and Visakhapatnam Urban Development
Authority were interfering with the possession of the petitioner, a
suit was filed in O.S.No. 11 of 1995 on the file of II Additional
District Judge for declaration of title and permanent injunction in
respect of the land and the said suit was dismissed on 28.08.1996.
As against the said suit, the petitioner has filed Appeal in A.S.No.
2784 of 1996 before the erstwhile High Court of A.P and the same
was allowed on 16.03.2004. The respondents 3 to 5 have preferred
a Civil Appeal No. 3673 of 2009 before the Hon'ble Supreme Court
of India, against the decree and Judgment in A.S.No.2784 of 1996.
The Hon'ble Supreme Court of India dismissed the Civil Appeal on
27.11.2014. The petitioner was issued with Pattadar Pass Book
and Title Deed by assigning Patta No. 359 in respect of the land to
an extent of Ac. 5.00 cents situated in Sy.No. 71/10 of
Paradesipalem Village as per the orders of this Court passed in
W.P.No. 19085 of 2011, dated 06.02.2012 and Contempt Case No.
272 of 2012 and pending civil appeal before the Hon'ble Supreme
Court of India. In spite of orders of this Court passed in W.P.No.
10914 of 2013, dated 01.10.2013 the respondents have not issued
proper market value certificate, in respect of the land and not
entertaining the document for registration on the ground that the
land is included in the prohibited property list as per proceedings
in Rc.No.3795/E1, dated 19.09.2017 issued by the 3rd respondent.
Being aggrieved by the inclusion of the land in the prohibited
property list and in not entertaining the document for registration,
the present Writ Petition is filed.
4. Learned counsel for petitioner would contend that the land
to an extent of Ac. 5.00 cents is situated in Sy.No. 71/10 of
Paradesipalem Village is a private patta land, as declared by the
erstwhile High Court of A.P in A.S.No.2784 of 1996 dated
16.03.2004 as confirmed by the Hon'ble Supreme Court of India in
Civil Appeal No. 3673 of 2009 dated 27.11.2014. The respondent
authorities having given Pattadar Pass Book and Title Deed bearing
Patta No. 359 in respect of the land as per the orders of the
erstwhile High Court of A.P passed in W.P.No. 19085 of 2011,
dated 06.02.2012 and Contempt Case No. 272 of 2012 and
continuing the land as a Government Land included in the
prohibited property list maintained under Section 22-A of the
Registration Act, 1908 and not entertaining the document for
registration, inspite of orders passed in W.P.No. 10914 of 2013,
dated 01.10.2013 is illegal, arbitrary and violative of Article 14 and
300-A of the Constitution of India.
5. Per Contra, learned Assistant Government Pleader for
Registration and Stamps appearing for respondents while
reiterating the contents of the counter submits that the land is
included in the prohibited property list maintained under Section
22-A of the Registration Act, as per proceedings in Rc.No.3795/E1,
dated 19.09.2017 issued by the 3rd respondent is binding on the
Registration Authorities. As long as the land is shown in the
prohibited property list maintained under Section 22-A(1)(a) of the
Registration Act, 1908, no document could be entertained for
registration. He further contend that the land is included in the
prohibited property list by way of Gazettee Publication vide District
Gazettee No. 76 to 79 dated 13.08.2014. Hence, the Government
alone is competent to delete the lands from the prohibited property
list. The Registration Authorities could entertain the document in
respect of the land only after deletion of the lands from the
prohibited property list by the Government through notification.
6. As could be seen from the record, which shows that the land
to an extent of Ac. 5.00 cents situated in Sy.No. 71/10 was sold by
Smt. Durga Venkata Ratnam W/o Late Durga Ramalingeshwara
Rao and others in favour of Smt. Varalakshmi W/o Kalidindi
Gopalraju through a Registered Sale Deed dated 27.01.1982 for
valid sale consideration of Rs. 20,000/-, but the Pattadar Pass
Book and Title Deed bearing Patta No. 359 in respect of the land to
an extent of Ac. 5.00 cents in Sy.No. 71/10 of Paradesipalem was
issued only in the name of the petitioner. As per the orders passed
by the erstwhile High Court of A.P in W.P.No. 19085 of 2011, dated
06.02.2012 and Contempt Case No. 272 of 2012 and the
petitioner's title for the land was declared in A.S.No.2784 of 1996
dated 16.03.2004 filed against the Judgment and Decree in
O.S.No.11 of 1995 dated 28.08.1996 on the file of II Additional
District Judge and the same was confirmed by the Hon'ble
Supreme Court of India in Civil Appeal No. 3673 of 2009, dated
27.11.2014.
7. However, the petitioner's land to an extent of Ac. 5.00 cents
situated in Sy.No. 71/10 of Paradesipalem is included in the
prohibited property list maintained under Section 22-A(1)(a) of the
Registration Act, by way of Gazettee Notification. Hence, the action
of the Respondent authorities in not entertaining the document for
registration in respect of the land could not be said to be illegal
and arbitrary.
8. 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, giving liberty to the petitioner to
approach the 3rd respondent/ District Collector, Visakhapatnam
District by way of comprehensive representation along with
documents for deletion of the land from the prohibited property list
maintained under Section 22-A of the Registration Act, 1908
within two (02) weeks from the date of receipt of a copy of this
order. On such representation, the 3rd respondent is directed to
consider the same as per law as expeditiously as possible,
preferably within a period of four (04) weeks thereafter and
communicate the same to the petitioner and respondents 6 and 7.
On receipt of such order from the 3rd respondent, the respondents
6 and 7 are directed to receive the proposed document submitted
by the petitioner, register it and release the same as per the
provisions of the Registration Act, 1908 and rules made
thereunder.
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:23.02.2021
KK
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No. 20552 OF 2020
Date: 23.02.2021
KK
