M/S. Sprinza Housing And Resorts ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 9729 AP

      THE HON'BLE SRI JUSTICE RAVI CHEEMALAPATI

                    WRIT PETITION NO.41839 OF 2018
ORDER:

The present Writ Petition is filed by the petitioner seeking the

following relief:

"...to declare the list of prohibited properties furnished by the District Collector, Krishna at Machilipatnam in File No.Rev- ESECOLAS (REP)/6/2015-TAH (SUPDT-E)-KCO, dated April, 2018 and consequential endorsement of the District Registrar, Vijayawada, vide No.G1/1105/1, dated 14.05.2018, in including the petitioners land in Survey Nos.101/1 to 101/4, 103/2 to 103/9, 103/11 to 103/13, 104/1, 105/1, 105/2, 105/5, 15/7 to 105/9, 105/11, 105/12, 106/1 to 106/3 of of Zami Navepothavaram village, Ibrahimpatnam Mandal, Krishna District, as being illegal, arbitrary, unreasonable, violative of provisions of the Registration Act, violative of principles of natural justice and violative of Articles 14, 21 and 300-A of the Constitution of India and set aside the same so far as the petitioner's land in the above said survey numbers are concerned ...."

2. Heard Sri A. Giridhar Rao, learned counsel for the petitioner and

learned Assistant Government Pleader for Revenue.

3. The Assistant Government Pleader, while denying the averments

of the petitioner in the Writ Petition and reiterating the contentions in

the counter affidavit, submitted that in view of Full Bench judgment of

this Court in W.A.Nos.343 of 2015 and batch, dated 23.12.2015, the

petitioner has to approach the appropriate authority for deletion of the

subject property from the list under Section 22-A of the Andhra

Pradesh Registration Act, 1908. But, the petitioner, instead of

approaching the competent authority-District Collector, has filed the

present Writ Petition. The relevant portion of the said judgment reads

as follows:

"(ix). It is open to the parties to a document, if the relevant property/land finds placed in the list of properties covered by clauses

(a) to (e) of sub-section (1) of Section 22-A, to apply for its deletion form the list or modification thereof, to the concerned authorities as provided for in the guidelines. The concerned authorities are obliged to consider the request in proper perspective and pass appropriate order within six weeks from the date of receipt of the application and make its copy available to the concerned party.

(x) The redressal mechanism under Section 22-A(4) shall be before the Committees to be constituted by respective State Governments as directed in paragraph-35.1 above. The State Government shall constitute such committees within eight weeks from the date of pronouncement of this judgment."

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

submitted that liberty may be given to the petitioner to make a

representation to the District Collector and a direction may be given to

the District Collector to dispose of the representation within certain

time frame.

5. Taking submissions of both the learned counsel into

consideration, this Court is of the view that no purpose would be

served in keeping the Writ Petition pending and, therefore, without

going into the merits of the case, the Writ Petition is disposed of with

the following direction:

(i) the petitioner is at liberty to make a representation, along

with relevant material in support of her claim to the 4th respondent-

District Collector, within a period of two weeks from the date of receipt

of this order; and

(ii) on receipt of such representation, the 4th respondent-

District Collector is directed to place the same before the committee

and pass a detailed order, after giving an opportunity of hearing jnto

the petitioner and communicate the same, within a period of eight

weeks, thereafter.

Miscellaneous applications, pending if any, shall stand closed.

________________________ JUSTICE RAVI CHEEMALAPATI 17th November, 2022 GBS