R Sreeramulu vs The State Of Ap
2022 Latest Caselaw 9510 AP

            THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

                     WRIT PETITION NO.11016 OF 2019

   ORDER:

The present Writ Petition is filed seeking the following relief:-

"...to issue a writ order or direction more particularly one

in the nature of writ of Mandamus to declare the letter No.nil /2017 rd dt.11.9.2017 issued by the 3 respondent addressed to Honble

Senior Civil Judge, Puttur, whereby refused to entertain sale deed

on the premise as if the Sy.Nos 128/1, 128/5, 128/6 and 128/7A of

Maharajapuram Revenue Village, of Vijayapuram Mandal, Chittoor

District, relates to assigned lands as per the list issued Dy. the

Thasildar, Vijayapuram, by ignoring several sale deeds entertained rd previously by the 3 Respondent amounts to erroneous, arbitrary

and violative of Articles 14 and 21 of the Constitution of India and

consequently direct the Respondent No.3 to entertain the

petitioner sale deed and process the same and get it register in so

far as plaint schedule suit OS.No. 49/2013 on the file of Honble

Senior Civil Judge, Puttur..."

2. The Short grievance of the petitioner herein is that the

petitioner's lands are included in the prohibitory list under Section

22(A) of registration act 1908, and as such the present Writ Petition is

filed .

3. To the said Writ Petition the Sub Registrar- 3rd respondent

has filed his counter denying the allegations and inter alia contending

that the lands being assigned lands, are included in prohibitory list

under Section 22(A) and hence, prayed to dismiss the Writ Petition.

4. Heard Sri T.C. Krishnan learned counsel for the petitioner and

learned Assistant Government Pleader for revenue.

5. Learned counsel for the petitioner submitted that, the

petitioner purchased the subject property on agreement of sale and

when the party to that sale has failed to execute the regular sale deed

filed a suit for specific performance, the same was decreed and

accordingly, execution petition has been filed wherein Hon'ble Senior

Civil Judge Court has sent the document for registration to Sub

Registrar but the respondent No.3-Sub Registrar declined to register

the document on the ground that the subject property has been

included in prohibitory list under Section 22(A) of the registration act.

6. Learned counsel for the petitioner further submitted that

earlier number of sale transactions took place in respect of the said

property and without looking into the same the collector has included

the subject property in prohibitory list without verifying the records.

As such prayed to consider the petitioner's case by giving appropriate

directions to the respondents for deletion of the subject land.

7. On the other hand the learned Assistant Government Pleader

contended that instead of going into merits of the case, if the

petitioner makes an application/representation to the District

Collector, the same would be placed before the committee and orders

will be passed as per the law in terms of G.O.M.S. No. 414 dated

09.06.2022 issued pursuant to the direction given by Full Bench of

this Court.

8. To the said submission, learned counsel for the petitioner

reported no objection.

9. Taking the submissions made by both the learned counsel,

this Court has categorically stated that whoever is aggrieved by

inclusion of properties under Section 22 (A), the issue to be placed

before the committee appointed by the Government. As stated by the

learned Assistant Government Pleader, the G.O.M.S.No.414 dated

09.06.2022, has been brought into the existence, pursuant to the full

bench judgment of this Court. This Court is inclined to dispose of the

Writ Petition with the following directions:-

a) The petitioner is given liberty to make a proper

application/representation to the 1st respondent by enclosing all the

documents in support of his claim within two (02) weeks from the

date of receipt of copy of this order.

b) On receipt of the same the 1st respondent is directed

to place the same before the appropriate committee within a period of

two weeks thereafter and the appropriate committee is directed to

pass a reasoned order by giving a opportunity of personal hearing to

the petitioner and communicate the same to the petitioner within a

period of three months thereafter.

Accordingly, the Writ Petition is disposed of. There shall be no

order as to costs.

Consequently, miscellaneous petitions, pending if any, shall

stand closed.

JUSTICE RAVI CHEEMALAPATI

Dated : 09.12.2022 MH

THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO.11016 OF 2019

Dated : 09.12.2022

MH