Andhra Pradesh High Court - Amravati
M/S. Preethi Developers Private ... vs The State Of Andhra Pradesh on 15 February, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.16873 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 or dirction
challenging the refusal orders vide No. 71/2020,
72/2020, 73/2020 and 74/2020 dated 24.08.2020
issued by the 6th respondent in rejecting for registration
of the land to an extent of Ac. 24.13 cents, situated in
Sy.No.39 of Palasamudram Village, Gorantla Mandal,
Anantapuramu District and raising an objection that the
above subject land is in the prohibited list under Section
22-A(1)(e) of Registration Act, 1908 and also declare the
action of the 2nd respondent in not deleting the above
subject land from the prohibited property list[ in
pursuant to the G.O.Ms.No.575 dated 16.11.2018 is
illegal and arbitrary and consequently direct the 6th
respondent to process the documents presented by the
petitioner in respect of the above land for registration".
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 the land to an extent of Ac.
24.13 cents, situated in Sy.No.39 of Palasamudram Village,
Gorantla Mandal, Anantapuramu District, purchased by
Kanneganti Siddartha, Kanneganti Raja Gowtham and M/s ARK
Properties LLP, rep., by its designated partner K.S.Vivekananda,
through various Registered Sale Deeds dt. 03.09.2015, since then,
they have been in possession and enjoyment of the land. Prior to
the registration of the sale deed dated 03.09.2015 one Fakruddin
sab made process for conversion of the land from agriculture to
non agriculture. As per rule 7 vide R.Dis.No.1297 of 2015/G,
dt.25.08.2015 one Fakruddin sab has paid charges on 27.07.2015
and granted permission. It is undisputed fact that the subject land
was assigned on 02.01.1929 and the original assignee was
alienated the subject land and prior to that several transactions
had been taken place in respect of the subject land and they were
granted Pattadar Pass Books and Title Deeds also. The petitioner
and owners of the subject land have entered into joint development
agreement for laying house sites and approached the 6th
respondent for registration, who collected stamp duty and
registration expenses, but refused to register the document and
passed refusal order dt. 24.08.2020 on the ground that the land is
included in the prohibited property list as per provisions of Section
22-A(1)(e) of the Registration Act, 1908 is illegal and arbitrary.
Assailing arbitrary action of the respondents, this Writ Petition is
filed.
4. Learned counsel for the petitioner further drawn attention of
this Court to the 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.
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. 24.13 cents, situated in Sy.No.39 of Palasamudram
Village, Gorantla Mandal, Anantapuramu District, from the
W.P.No.10920 of 2019 dated 22.06.2020
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
respondents 5 and 6 are directed to receive the proposed Sale Deed
presented by the petitioner, register it, if it is in accordance with
the provisions of Registration Act, 1908 and rules made
thereunder and release the same as per 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: 15.02.2021
KK
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.16873 OF 2020
Date: 15.02.2021
KK
