N Sri Padma Priya vs The State Of Andhra Pradesh
2021 Latest Caselaw 594 AP

            THE HON'BLE SRI JUSTICE M. GANGA RAO

                   WRIT PETITION No.163 of 2021
ORDER:-

        This Writ 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 taking any steps to delete the

land an extent of Ac. 52.22 Sq.yds, situated in Sy.No. 14/3 of Tiruchanur Village, Tirupati Rural Mandal, Chittoor District from the prohibited property list maintained under Section 22(a)(1)(c) of the Registration Act, 1908 as illegal, arbitrary, violative of provisions of Registration Act, 1908 and rules made thereunder and Article 14 and 300-A of the Constitution of India. Consequently direct the respondents to delete the land in respect of the land from the prohibited property list."

2. Heard learned counsel for the petitioner and learned

Assistant Government Pleader for Registration and Stamps

appearing for the respondents.

3. The case of the petitioner is that land an extent of Ac.

52.22 Sq.yds, situated in Sy.No. 14/3 of Tiruchanur Village,

Tirupati Rural Mandal, Chittoor District was purchased by the

petitioner from Mabbu Chandrasekhar Reddy, through a Sale Deed

dated 22.06.2007 and presented the same before the 6th

respondent for registration and the same was rejected vide

proceedings P.No.195 of 2007, dated 22.09.2007 on the ground

that the land was included in the prohibited property list

maintained under Section 22-A(1)(c) of the Registration Act, 1908,

aggrieved by the orders, the petitioner has filed an Appeal No. 42 of

2007 before the 3rd respondent under Section 72 of the

Registration Act and same was dismissed. As against that, the

petitioner has filed W.P.No.19620 of 2010, this Court disposed of

the Writ Petition along with batch cases by following the Judgment

of the Vinjamuri Rajagopala Chari's case. Again the 2nd respondent

by following the Judgment of Vinjamuri Rajagopala Chari's case,

has included the land in the prohibited property list maintained

under Section 22-A(1)(c) of the Registration Act, 1908. The

petitioner made representation to the 2nd respondent on

16.10.2020 with a request to delete the land from the prohibited

property list, but the 2nd respondent having received the same, no

steps had been taken for deletion of the land from the prohibited

property list, is illegal and arbitrary. Assailing the arbitrary action

of the 2nd respondent, the writ petition came to be filed.

4. Heard the learned counsel for the petitioner and the

learned Assistant Government Pleader for Registration and Stamps

and learned Government Pleader for Endowments appearing for

respondents.

5. The main grievance of the petitioner is that the petitioner's

land is included in the prohibited property list maintained under

Section 22-A(1)(c) of the Registration Act, 1908, based on the letter

dated 05.07.2016 addressed by the Commissioner, Endowments

Department, A.P to the Commissioner and Inspector General,

Stamps and Registration Department, Government of A.P. The land

is private patta land, which included in the prohibited property list

is illegal and arbitrary and filed representation before the

Commissioner, Endowments on 16.10.2020, so far, no action is

taken on the petitioner's representation.

6. Learned counsel for the petitioner states that the action of

the 2nd respondent in including the land in the prohibited property

list maintained under Section 22-A(1)(c) of the Registration Act,

1908 and inspite of representation dated 16.10.2020 made by the

petitioner is illegal, arbitrary and contrary to the provisions of

Registration Act.

7. Having regard to the facts and circumstances of the case,

considering the submissions of the counsel and on perusal of the

record, this court felt it appropriate to dispose of the Writ petition

directing the 2nd respondent to consider the application of the

petitioner submitted on 16.10.2020 for deletion of the land from

the prohibited property list as per law, by following the decision of

the full bench of the combined High Court of Andhra Pradesh at

Hyderabad in the case of Vinjamuri Rajagopala Chary Vs. State

of A.P & Others1 as expeditiously as possible within a period of

four (04) weeks from the date of receipt of a copy of this order and

communicate the proceedings to the petitioner.

Accordingly, 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.

__________________________ JUSTICE M. GANGA RAO

Date: 03.02.2021.

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2016(2)-ALD-P.236 = 2016(1) ALT 550 (FB)

THE HON'BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION No.163 of 2021

Date: 03.02.2021

W

KK