Andhra Pradesh High Court - Amravati

Meka. Syam Babu, vs The State Of Andhra Pradesh on 2 March, 2021

Bench: M.Ganga Rao

                   HON'BLE SRI JUSTICE M. GANGA RAO

                            W.P. No.5059 of 2021

O R D E R:-

      Heard the learned counsel for the petitioners and learned

Assistant Government Pleader for Registration and Stamps appearing for

the respondents.

      The brief facts of the case are that as per the Notification issued

by the then Deputy Collector, the lands in an extent of Ac.0.39 cents

and Ac.0.84 cents in Sy.Nos.465, 606/1 and 816 to 830 situated in

Yerrabalem village were assigned prior to 1954.                  The petitioners'

vendors purchased the said lands in the year 1989 and 2001 in

D.No.824/2 which were registered in the office of the Sub-Registrar,

Mangalagiri, Guntur District. In the year 2015, the petitioners purchased

the lands in question from their vendors and since then, the petitioners

have been in possession and enjoyment of the same.                   While so, the

petitioners approached the 4th respondent for processing the sale

documents, but the 4th respondent did not entertain the documents on

the ground that the lands in D.No.824/2 are in the list of prohibited

property. Therefore, the petitioners filed W.P.No.40192 of 2015 before

the Common High Court at Hyderabad, and the same was disposed of on

10.12.2018 with the following observations:

      "In view of the same and for the reasons alike in the order dated 13.03.2017 in
      W.P.No.40997 of 2015, these writ petitions are allowed setting aside the
      impugned refusal orders passed by the 4th respondent. The 4th respondent is
      directed to entertain the documents presented by the petitioners for
      registration in respect of subject lands and register the same, if they are not
      included in the list of prohibited properties sent by the competent authority as
      held by this Court in Vinjamuri Rajagopala Chary v. State of Andhra Pradesh
      and are not prohibited for registration by any injunction granted by the
      competent Civil Court and if they are in order as per the provisions of the
      Stamps and Registration Act.    In case, the 4th respondent intends to refuse
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      registration, he shall record reasons as required under Section 71 of the
      Registration Act, 1908. There shall be no order as to costs."

It is further asserted that in 2016, in pursuance of the common judgment

of this Court in W.A.No.232 of 2012 and batch, the Government of

Andhra Pradesh issued G.O.Ms.No.197, dated 05.05.2016, by virtue of

which, the list of properties situated in Guntur District as mentioned in

the Notification are to be considered under Section 22-A(1)(E) of the

Registration Act, 1908.       As per the said Notification, D.No.824/2 is

included in the list of prohibited property mentioning that the

assignment was made prior to 1954. However, in the year 2018, the

Government of Andhra Pradesh issued orders in G.O.Ms.No.580, dated

16.11.2018, by virtue of which, the lands situated in Mangalagiri Mandal,

Guntur District are deleted from the list of prohibited properties

wherein the subject lands situated in D.No.824/2 are not figured.

Further, the petitioners submitted documents in the year 2015 before

the 5th respondent for registration. However, the petitioners' grievance

is that even though the lands in question are assigned lands and number

of transactions took place prior to 1954, the 5th respondent did not take

any action for deleting their lands from the prohibited list of properties

and has not entertained their documents for registration. Hence, the

present writ petition is filed seeking appropriate directions.


      The learned counsel for the petitioners has contended that

originally the lands in question were assigned prior to 1954. Thus, the

lands were assigned much prior to issuance of G.O.Ms.No.1142, dated

18.06.1954, which imposed conditions prohibiting alienation. Prior to

the issuance of the G.O.Ms.No.1142, there was no restriction for

alienation of the assigned lands.            Moreover, the Government issued

G.O.Ms.No.575, dated 16.11.2018 for deletion of lands assigned prior to
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                                                                          WP_5059_2021




18.06.1954 from the purview of Section 22-A of Registration Act.

However, no steps were taken to delete the property from the

prohibited list and the 5th respondent is refusing to register the

documents on the ground that the subject lands are included in the

prohibited property list maintained under Section 22-A of Registration

Act, which is illegal, arbitrary and contrary to G.O.Ms.No.575 dated

16.11.2018.    He would also bring to the notice of the Court that in

similar circumstances, this Court allowed W.P.No.1418 of 2020 by order

dated 27.01.2020 observing as under:


              "When the Government issued order permitting the Collectors for
      deletion of Government lands assigned prior to 18.06.1954 from the purview of
      Section 22-A of Registration Act, 1908 vide G.O.Ms.No.575, dated 16.11.2018
      Revenue (Assigned-I) Department, continuing the land in the same prohibitory
      list, though the Collectors are permitted to make such deletion, is illegal and
      arbitrary and violative of G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I)
      Department and requested to pass appropriate orders.
      .............

In any view of the matter, it is an undisputed fact that the authorities made a recommendation, including the Collectors for deletion of the property from the prohibitory list under Section 22-A of Registration Act and it is pending before the concerned authorities for taking appropriate steps for deletion. Hence, the respondents are directed to complete the process of deletion of the petitioners property of an extent of Ac.7.23 cents in Sy.No.258- 1 of Utkur Grama Polam, Parigi Mandal, Anantapur district, within one month from today, in terms of G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department, and on such deletion, the fourth respondent is directed to receive the proposed sale deed, register it, if it is in accordance with law and release the same, in accordance with law.

In the result, the writ petition is allowed. No costs."

The above submissions of the learned counsel for the petitioners

is not disputed by the learned Assistant Government Pleader for Stamps

and Registration.

A reading of the order passed in W.P.No.1418 of 2020, dated

27.01.2010, reflects that the said writ petition was allowed in view of 4 MGR,J WP_5059_2021

issuance of G.O.Ms.No.575 dated 16.11.2018 whereby the Government

ordered deletion of Government lands assigned prior to 18.06.1954 from

the purview of Section 22-A of Registration Act.

Having regard to the facts and circumstances of the case,

submissions of the learned counsel for both the parties and on perusal of

the material record, this Court, in the interest of justice, felt it