Andhra Pradesh High Court - Amravati
Shaik. Nayab Mohammad Rafi vs The State Of Andhra Pradesh on 3 February, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.2316 OF 2021
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 Respondents in not considering the
petitioner's representation dated 15.07.2019 for
removing the prohibited list in the Revenue Records in
respect of the petitioner's agriculture land in an extent
of Ac. 0.10 cents situated in Sy.No. 976/1 (which was
sub-divided as Sy.No.976/1-2), Dachepalli Village and
Mandal, Guntur District as illegal, arbitrary and
contrary. Consequently direct the respondents to
consider the petitioner's representation dated
15.07.2019".
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 he is the absolute owner of
the land to an extent of Ac. 0.10 cents, situated in Sy.No. 976/1,
which was sub divided as Sy.No. 976/1-2 of Dachepalli Village and
Mandal, Guntur District, which acquired by inheritance. Prior to
him, the property was assigned to his great grand father and on
request the name of the petitioner got mutated in all revenue
records and issued Pattadar Pass Book and Title Deed in favour of
petitioner by the Revenue Authorities. In view of threat of
dispossession by subordinates of 4th respondent filed a
W.P.No.10722 of 2016 before this Court and the respondents have
filed counter therein and wherein it was stated that as per
available records, the petitioner and his ancestors have been in
possession and enjoyment of the land. The petitioner has made
oral demands and finally made a representation dated 15.07.2019
for deletion of the petitioner's land from the prohibited property
list, so far no action taken for deletion of the petitioner's land from
the prohibited property list maintained under Section 22-A of the
Registration Act, 1908 by 4th respondent, which is illegal and
arbitrary. Assailing arbitrary and inaction of the respondents, this
Writ Petition is filed.
4. 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 4th
respondent.
5. Following the said order, the respondents are directed to
complete the process of deletion of the petitioner's land to an
extent of Ac. 0.10 cents, situated in Sy.No. 976/1, which was sub
divided as Sy.No. 976/1-2 of Dachepalli Village and Mandal,
Guntur 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.
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: 03.02.2021
KK
W.P.No.10920 of 2019 dated 22.06.2020
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.2316 OF 2021
Date: 03.02.2021
KK
