Andhra Pradesh High Court - Amravati
Madineni Kondamma, vs The State Of Andhra Pradesh on 1 March, 2021
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.4920 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 inaction of the
respondents in de-notifying the petitioners land to an extent of
Ac. 1.00 cents and Ac. 4.21 cents situated in Sy.No.155 of
Gollapalem Village, Sabbavaram Mandal, Visakhapatnam
District from the prohibited property list maintained under
Section 22-A of the Registration Act, 1908, despite finality of
Decree and Judgment dated 19.01.2015 in O.S.No.52 of 2014
passed against the respondents 1 and 6 by the learned X
Additional District Judge, Visakhapatnam at Anakapalli
declaring the petitioners title and lawful possession as illegal,
arbitrary and violative of Article 14, 300-A of Constitution of
India and consequently direct the respondents to de-notify the
subject land from the prohibited property list, "
2. Heard, both the counsel, with their consent this Writ Petition is
disposed of at the admission stage.
3. The case of the petitioners is that they are the absolute owners
and possessors of the land to an extent of Ac. 1.00 cents and Ac. 4.21
cents situated in Sy.No.155 of Gollapalem Village, Sabbavaram
Mandal, Visakhapatnam District and their names got mutated in all
revenue records and the revenue authorities issued Pattadar Pass
Books and Title Deeds in their favour. The petitioners filed a suit
O.S.No.52 of 2014 against the respondents 2 and 6 for declaration of
title and for permanent injunction and the same was decreed on
19.01.2015 and has become final. The land is zeroyithy land and
inspite of civil court decree the Revenue Authorities included the
petitioners land in the prohibited property list maintained under
Section 22-A of the Registration Act, 1908. Hence, the petitioners
made representations dated 29.01.2021 and 15.02.2021 with a
request for deletion of their land from the prohibited property list, but
in vain. Assailing the inaction of the respondents, this Writ Petition
came to be filed.
4. The main grievance of the petitioners is that they submitted
representations dated 29.01.2021 and 15.02.2021 to the respondents
2 and 6 for deletion of their land from the prohibited property list as
per the decree and Judgment dated 19.01.2015 passed by the X
Additional District Judge, Visakhapatnam in O.S.No.52 of 2014 for
against the State of A.P rep., by District Collector and Tahsildar, still
inclusion of the petitioners' land in the prohibited property list
maintained under Section 22-A of the Registration Act, 1908 is illegal
and arbitrary, so far the respondents have not passed any order as
per law.
5. Having regard to the facts and circumstances of the case and
considering the submissions of the learned counsel and perused the
record. This Court, in the interest of justice, felt it appropriate to
dispose of the Writ Petition, directing the respondents 2 and 6 to
consider the representations dated 29.01.2021 and 15.02.2021
submitted by the petitioners and pass appropriated reasoned order in
accordance with law within a period of four (04) weeks from the date
of a receipt of copy of this order and communicate the same to the
petitioners.
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: 01.03.2021
KK
THE HON'BLE SRI JUSTICE M. GANGA RAO
WRIT PETITION No.4920 OF 2021
Date: 01.03.2021
KK
