Andhra Pradesh High Court - Amravati
N.Murali Mohan Reddy vs State Of Ap on 11 February, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.9135 OF 2019
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 4th Respondent in refusing to register the
subject land under Refusal order passed by the
Respondent No.4 vide document of the petitioner reason
for refusal for P.No.4 of 2017 and refusal order No.54 of
2017, dated 07.08.2017 is illegal, arbitrary and
contrary to G.O.Ms.No.575, dated 16.11.2018.
Consequently direct the respondents 3 and 4 to receive
the said document, register and release the same in
favour of the petitioner".
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 purchased the land to
an extent of Ac. 2.87 cents, out of Ac. 5.87 cents in Sy.No. 84/1A
of Kirikera Village, Polam of Hindupur Mandal from S. Thimma
Reddy and others represented by G.P.A Holder G.Rupa W/o M.
Vijaya Bhaskar Reddy. Originally the land was assigned to
Thimmaiah vide D.A.R.Dis.No.283/39, dated 20.09.1931 and 2nd
respondent had issued No Objection Certificate for the land to an
extent of Ac. 4.18 cents, situated in Sy.no. 83/1B, which is also
assigned with subject land Sy.No.84/1A. On earlier occasion, the
said G. Rupa, being G.P.A Holder has filed W.P.No.3546 of 2017
before the erstwhile High Court of A.P, Hyderabad in respect of the
land to an extent of Ac. 5.87 cents situated in Sy.No. 84/1A,
wherein this Court observed that, having received the document
presented by the petitioner before the Sub-Registrar, Hindupur,
under obligation to register the same and the same is in order and
does not fall within the prohibited list under Section 22-A of the
Registration Act. In case, if he intends to reject the same and pass
an order. The said G.Rupa, being G.P.A Holder has executed
several sale deeds in favour of various third parties in respect of
the remaining lands, situated in Sy.No. 84/1A. As a sequel, the
said G.Rupa, being the G.P.A Holder has executed the Sale Deed
on 07.08.2017 in favour of petitioner and presented before the 4th
respondent for registration in respect of the subject land, which is
assigned to P.No.133 of 2017 and passed refusal order No. 57 of
2017, dated 07.08.2017. The petitioner has made application
before the 3rd respondent against the impugned order dated
07.08.2017, so far no response from their end, 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 3rd
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. 2.87 cents, out of Ac. 5.87 cents, situated in Sy.No.
84/1A of Kirikera Village Polam, Hindupur Mandal, from the
prohibited property list, within four (04) weeks from the date of
W.P.No.10920 of 2019 dated 22.06.2020
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 3 and 4 immediately. On such deletion, the 4th
respondent is directed to receive the proposed Sale Deed presented
by the petitioner, register it, if it is otherwise in order 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: 03.02.2021
KK
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.9135 OF 2019
Date: 11.02.2021
KK
