B. Sardar Basha vs The Govt Of Ap
2021 Latest Caselaw 2108 AP

      THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

                     WRIT PETITION No.11180 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 order of the 3rd respondent dated 24.11.2018 in refusing to register the gift deed presented by the petitioner in respect of his House No.135/A, Srinivasapuram Tiruchanur Road, Tirupathi Rural Mandal Tirupathi, Chittoor District, as prohibited property for registration basing on the letter of 4th respondent dated 05.07.2016 in RC.M1/9580/2016 without there being any notification issued under section 22-A of the Registration Act, 1908, as illegal, arbitrary, without jurisdiction and contrary to the provisions of the Registration Act and also contrary to the Judgment of this Court in WP.No.10068/2013 and WP.No.13565/2013 and consequently set aside the order of the 3rd respondent dated 24.11.2018 directing the 3rd respondent to receive register and release the gift deed presented by the petitioner in respect of his House No.135/A, Srinivasapuram Padmavathipuram Post, Thiruchanur Road Thirupathi Rural Mandal, Tirupathi, Chittoor District in the name of the petitioner's daughter Smt. S.Heena Sardar D/o Ambar Sardar Basha without reference to the letter of the 4th respondent dated 05.07.2016 and pass such other order..."

2. Learned counsel for the petitioner and the learned Government Pleader for Revenue submitted that the issue involved in this petition is squarely covered by the order of this Court in Writ Petition No.10068 of 2013, dated 03.06.2013.

3. In view of the submission of the learned counsel for the petitioner and the learned Government Pleader for Revenue, this Writ Petition is allowed in terms of the order in W.P.No.10068 of 2013, dated 03.06.2013. There shall be no order as to costs.

Consequently, miscellaneous applications, pending if any, shall stand closed.

The Registry is directed to attach a copy of the order in W.P.No.10068 of 2013, dated 03.06.2013 to this order.

__________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 23.06.2021

IS THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.11180 of 2021

Date: 23-06-2021

IS