Manyam Jairamaiah Jairam Reddy vs The State Of Ap
2021 Latest Caselaw 9 AP

               THE HON'BLE SRI JUSTICE M. GANGA RAO

                       Writ Petition No.25239 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 proceedings in R.Dis.No.(POT)/1706/2018, dated 18.01.2020 issued by the 2nd respondent rejecting the petitioner's claim for deletion of the land an extent of Ac.0.64 cents in Sy.No.145/1 of Nagisettipalli Village fields, B.Muttam Mandal, Y.S.R.District from the prohibitory (Dotted) lands list under Section 22(A)(1)(a) of the Registration Act, 1908 as illegal, arbitrary and consequently set aside the proceedings in R.Dis.Bi.(POT)/1706/2018, dated 18.01.2020."

Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Registration and Stamps.

The case of the petitioner is that he inherited the land to an extent

of Ac.0.64 cents in Sy.No.145/1 of Nagisettipalli Village fields, B.Muttam

Mandal, Y.S.R.District after demise of his father. Since then, the

petitioner is in peaceful possession and enjoyment of the property.

Respondents 3 and 4 have mutated his name in revenue records and

also issued pattadar pass books and title deeds. The subject land is a

purely private patta land and the same is neither Government nor an

assigned land. One Manyam Rama Subbaiah @ Rama Subba Reddy,

who is one of the cousin of petitioner obtained pattadar pass book on his

name for an extent of Ac.0.32 cents out of Ac.0.64 cents. The petitioner

filed an appeal before the 3rd respondent for cancellation of the pattadar

pass book issued in favour of Manyam Rama Subbaiah. The 3rd

respondent passed an order for the cancellation of the pattadar pass

book issued in favour of Manyam Rama Subbaiah through the proceedings, dated 14.07.1998. Thereafter, Manyam Rama Subbaiah

filed a suit in O.S.No.274 of 1998 on the file of the Court of the Junior

Civil Judge, Badvel for declaration of his title and permanent injunction

over the land an extent of Ac.0.32 cents out of Ac.0.64 cents and the said

suit was dismissed vide judgment and decree, dated 15.06.2005. Being

aggrieved by the judgment and decree, he filed A.S.No.17 of 2005 on the

file of the Court of the Additional Senior Civil Judge (FAST Tract Court)

Rajampet at Badvel and the said appeal was also dismissed vide

judgment and decree, dated 02.05.2006. After conducting thorough

enquiry, the 2nd respondent held that the subject land is in the peaceful

possession and enjoyment of the petitioner and his forefathers from the

period prior to the year, 1936. Further, the competent Civil Courts

dismissed the suit filed by the Manyam Rama Subbaiah. Surprisingly,

the 4th respondent initiated the proceedings under the provisions of the

A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 by issuing notice

in Ref.No.B/155/2010, dated 10.06.2010 as if the subject land is an

assigned land and calling upon the petitioner to submit his explanation

as to why the assignment granted in his name should not be cancelled.

Assailing the action of the 2nd respondent, this Writ Petition is filed.

Learned Counsel for the petitioner submits that the petitioner filed

W.P.No.15134 of 2010 seeking to declare the proceedings initiated under

the provisions of the Act, 1977 and he came to know that the subject

land is included in the prohibitory (dotted) lands list under Section 22-A

of the Registration Act, 1908 basing on the dots in RSR, that the State of

Andhra Pradesh has made an enactment called Andhra Pradesh Dotted

lands(Updation in Re-settlement Register) Act, 2017 (for brevity

hereinafter referred to as the Act, 2017) enabling the persons aggrieved

to submit claim petition for updation of their names in the Re-Settlement Register as per the procedure envisaged therein. The petitioner

submitted a representation, dated 23.06.2010 bringing to the notice of

the 3rd respondent that the subject land is private patta land and the

same is in peaceful possession and enjoyment of the petitioner and his

forefathers for the last 70 years.

Learned Counsel for the petitioner further submits that the

petitioner filed online application No.APDL011800085232, dated

20.01.2018 through Mee-seva under Section 6 of the Act, 2007 and the

same is considered and rejected by the 2nd respondent vide impugned

proceedings dated 18.01.2020 stating that as per RSR, the land in

Sy.No.145 total extent Ac.10.01 cents of Nagisettipalli Village is

classified as "Government Dry" in Column No.4 and 5 and dots(....) in

column No.16 and on perusal of the reports and records furnished by the

Tahsildar, it is observed that the subject land in Sy.No.145/1 extent

Ac.0.64 cents was pending before this Court in W.P.No.15134 of 2010

filed by Sri Manyam Jairamaiah @ Jairam Reddy S/o.Narayanagiri

Ramaiah and when the same is withdrawn on 06.08.2018.

Learned Assistant Government Pleader submits that there is no

illegality and irregularity in passed impugned order. The petitioner failed

to prove his claim under the provisions of the Act, 2017.

Having regard to the facts and circumstances of the case and

submissions of the learned counsel, this Court found that the impugned

order dated 18.01.2020 rejecting the petitioner's claim for deletion of the

land in so far as the petitioner's land is passed without considering

petitioner's application in its proper perspective as per law is illegal,

arbitrary and contrary to the evidence available on record and therefore this Court, in the interest of justice, felt it appropriate to allow the Writ

Petition, remanding the matter for fresh consideration.

Accordingly, the Writ Petition is allowed setting aside the impugned

order dated 18.01.2020 and the matter is remanded to the 2nd

respondent for fresh consideration and pass appropriate reasoned order

within a period of six (6) weeks from the date of receipt of the copy of this

Order. There shall be no order as to costs.

As a sequel, pending miscellaneous applications, if any, shall

stand closed.

_________________ M.GANGA RAO, J 06.01.2021 KLPD THE HON'BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION No. 25239 of 2020 06.01.2021 KLPD