Andhra Pradesh High Court - Amravati
C.M. Prameela Devi vs The State Of Andhra Pradesh, on 1 February, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.22457 OF 2020
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
2nd respondent in not deleting the petitioner's land to an
extent of Ac. 3.68 cents, out of Ac. 7.71 cents situated in
Sy.No. 230/1 and an extent of Ac. 5.50 cents out of Ac.
10.89 cents in total Ac.9.33 cents of Koduru Village,
Chilamathur Mandal, Ananthapur District from the prohibited
property list maintained under Section 22-A of the
Registration Act, 1908 and also action of the respondents 5
and 6 in refusing to receive and register the sale deed
presented by the petitioner in respect of the land as illegal,
arbitrary and contrary. Consequently direct the respondents
5 and 6 to receive, register the Sale Deed presented by the
petitioner in respect of the land and release the same".
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 she is the absolute owner
of the land to an extent of Ac. 3.68 cents, out of Ac. 7.71 cents
situated in Sy.No. 230/1 and an extent of Ac. 5.50 cents out of Ac.
10.89 cents in total Ac.9.33 cents of Koduru Village, Chilamathur
Mandal, Ananthapur District, having purchased the same through
Registered Sale Deed No. 1846 of 2006, dated 07.04.2007, since
then, she has been possession and enjoyment of the same. In
recognition of her physical possession and enjoyment the Revenue
Authorities have mutated her name in all revenue records.
4. Originally the land was assigned to Ediga Muthanna of
Koduru Village vide DAR Dis.No.901/38, dated 26.12.1929, who
died leaving behind him his only son Chinna Muneppa. The legal
heirs of original assignee has sold the land to the petitioner and
the said land also converted from Agriculture land to Non-
Agriculture land vide proceedings issued by the 3rd respondent in
R.Dis.No.1600/2016/G. The petitioner intends to sell the property
for her financial necessities and approached the 6th respondent for
valuation certificate, who informed that the land is included in the
prohibited property list maintained under Section 22-A 1(a) of
Registration Act, 1908. The petitioner approached the Revenue
Authorities seeking to deletion of the land from the prohibited
property list and on consideration of application, the 4th
respondent initiated enquiry and found that the land was assigned
prior to 1954 and there is no condition of non-alienation while
granting patta. Inspite of representation by the petitioner, the
revenue authorities have not taken steps for deletion of the land
from the prohibited property list. Assailing arbitrary action of the
respondents, this Writ Petition is filed.
5. 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 5th
respondent.
6. Following the said order, the respondents are directed to
complete the process of deletion of the petitioner's land to an
extent of Ac. 3.68 cents, out of Ac. 7.71 cents situated in Sy.No.
W.P.No.10920 of 2019 dated 22.06.2020
230/1 and an extent of Ac. 5.50 cents out of Ac. 10.89 cents in
total Ac.9.33 cents of Koduru Village, Chilamathur Mandal,
Ananthapur District from the prohibited property list, within four
(04) weeks from the date of 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 5 and 6 immediately. On such deletion,
the 6th respondent is directed to receive the proposed Sale Deed
presented by the petitioner, register it, if it is in accordance with
law 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: 01.02.2021
KK
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.22457 OF 2020
Date: 01.02.2021
KK
