Andhra Pradesh High Court - Amravati
Garlanka Lakshmi Rajeswari, vs The State Of Andhra Pradesh, on 28 June, 2022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!I
iSpacial Original Juridiction)}
TUESDAY, THE TWENTY EIGHTH DAY OF J RUNE,
PW THOUSAND AND TWENTY TW
: PRESENT:
THE HONOURABLE SRI JUSTICE B RAMESH
WRIT PETITION NO: 6208 OF 2022
Setweei:
1. Garlanka Lakshrni Rajleawarl, WA
Years, Occ ~ Housewife, Rfo D.
Mandal, Visakhapatnam District.
o Late Garlanka Shaskara Rao, Hindu, aged 42
Na ld2?, Qld Aganarnpudi Village, Gajuwaka
2. Garlanka Mural, Sfo Late Garlanka Bhaskara Rao, Hindu. aged Years, Rio
D.NoJ)-T27, Old Aganampucl Vilage, Gaiiwaka Mandal, Visakhapatnam District
Patianers
AND
1. The State of Andhra Pradesh, Rep. By iis Principal Seoratary (Revenue
Depariment}, Secretariat buildings, Velagapudi, Thulfur Mandal, Guntur Distric
2. The Destricl Collector, Visakhapainam District, Visakhanainam.
3. The Tahsiidar, Gaiiwaka Mandal Visakhanatnam District.
4. The Sub Registrar, Sabbavaram Registrar "office, Visakhapatnam District.
Respondents
Patition under Article 226 of the Constifution of India is Med praying that in the
cirsummiances stated In the affidavit fled therewith, the High Court may be pleased to
issue a WRIT OF MANDAMUS or any ofher appropriate writ, order or directian to
DECLARE the action of Grd respondent in RaNo.116/2d07-A dated 20.07 2081,
feieciing application for deletion of ry agrculural land admeasuing AC TQ.00 ois,
covered by Patta Noid and 472 in Survey No. iS? ard 1S7/4, stueted in
Atsanampudl Vilage, Gajluwaka Mandal, Visakhanginam District fram the prohibited
properly register despite the decree and Judgment for declaration of tle and permanent
injunction dated O1O8. 2016 passed in OS No. s6ae007 an the He of the Principal
Senioy Civ Judge, Gajuwaka in there favor and against the Resporeent Autharities, as
egal, arbitrary and viciative af princinies of natural justice and Articles 14 and 300 {A}
of Constitution of India in the interest of justice and consequently Command the --
Respondent Authorities fo delete the subject land frarn the Prohibited Property register
maintained under Section 22(A) of Registration Act, 1908 as amended by AR. Act
forthwith in the Interest of iustice
IA NO: 1 OF 2028
Petition under Section 151 OPC ls Hed spraying that in the clrcumstances stated
in the alfiddavil feed In support sf the writ petition, the High Oourt may be pleased to
direct the Respondent Authorities to permif the Petitioners to allenaie portion of sublect
avalhi land admeasuring AC 10.00 cts, covered by Patta No4ii and 442 in Survey
No.ia7/é and 57/4, situated in AGanampuci Vilage, Galuwaka Mandal,
Visakhapatnam District as per the Judgment passed by the Hon'ble Apex Court 'Sin
Nivasam Mutual Aided House Building Society Limified Vs. State of Andhra Pradash and
others' reparied in (2018)18 SCO 788 in the interest of justice, panding disposal af WE
BOOS of 2022, on the Me of the High Court,
The petition caming oan for hearing, "ba perusing the Patition and the afidavit.
_ §ied in suppart therse? and upan hearing the arguments of Sri P Reiaseakhar Advacata
for the Petitioners, GP for Revenue for the Respondents, the Court made the following.
ORDER --
"The praesent Writ Petition ie fled under Article 228 of the Constitution of
india seeking to declare the action of the 3° respondent in Re.No.118/2007-A
dated 20.07. 2021 rejecting the application for deletion of petitioners agricultural
land adminaauring Ac.70.00 cents, covered by gatta Ne.dit and 472 in Survey
Noise ard T8%id, situated in Aganampudl Vilage, Gaphuwaka Mandal,
Visakhapatnam District, from the prohibited property register despite the decree
and judgment for declaration of ie and permanent injunction dated 01.03.2016
passed in O.8.No0.282 of 2007 on the file of the Court of Principal Senior Civil
Judge, Gajuwaks, ag Wega! and arbitrary.
a. The hushand of the first petitioner ~ late G.Bhaskara Ras, S'o.G Apna Raa,
was the absolute owner and poasessor of firalthi land admeasuring Ac.10.00
cents, covered by paitla Not and 492 in Sy. Neviay/a and 187M, situated In
Aganampudi village, Galuwaka Mandal, Visakhapatnam (ONstriet, having
'purchased the same through four registered sale deeds dated 16.02.2605 from
rightful swrrers for valid consideration. From the sald date omwvards, he alang
with ihe petitioners are in possession and enfoyment of the said oraperty, ff is
further staied in the writ petition that the husband of the firet petitioner was given
ryotwarl pafta book and Ute dsed ard his name waa mifated In revenue records
HU 2007, Cagies of sale desds and ryotwari patta book are aise placed on record.
wa While that being sa, the third respondentTahsildar erroneously cancelled
paita books and tife deads Issued In favour of the husband of the first petitioner,
he Hed 8 sult in O.5.No.262 of 2007 on the Me of Principal Senior Civil Judge,
Galuwake against the respondent suthorities for declaration of his fight and tis
over the subject property, After trial, the said sulf was decreed in favour af the
husband of the first pefitioner on (1.O2.2048 and the said deacrea became final.
&, itis further stated that the respondent authorities in spite of the decras and
'judgment for declaration of tie, have high handedly and iHegally Included the
petitioners land in Prohibited Property Register maintained under Section 22-4 of
Registration Act After demise of the husband of the frat petifiener, the
petitioners have made a representation fo the respondent authorities on
25.08.2027 along with decree and judgrnent in O.S.No.262 of 2007 seeking for
deletion of the subject land fram 22-A ragister of the Act. H ie further stated that
they also submitted s Mec-Seva application on 17.06.2021. Despite thelr repeated
efforis, respondent authorities have not deleted the land of the patificoners from
the Prohibited Property Register. Hence the present writ petition is fled.
&. &fter notices, the fourth respondent has submitted written Instructions to
the Additional Advocate General OWfine. Though they have not dieputed the said
gecrse on their instructions, but they have not substantiated the reasons why
they have not dispose of the application fled by the petitioners in time.
&, . Consklering the submissions mace Sy the learned scounes! for the
patitioners and also perusal of the decree passed in O.S.No.282 of 2007 by the
competent civil Court and the apalications dated 17.06.2091 and 38.40.3091 made
hy the petitioners through Mee-seva, the 2 respandent is directed fo consider
the applications of the petitioners within a period of ons manth from the date of
receipt of copy of this order. HW the 2° respondent failed te pass an order within
the time stipulated, he has to fle an affidavit without any delay.
?. Post after five weeks for fling counter along with the compllange report."
Sa). B. GHITT] JOSEPH
. ASSISTANT REGISTRAR
(TRUE CORY! Boe
TS,
1. The Principal Secretary (Revenues Oeparimend, Secretariat bulldings, State of
Andhra Pradesh, Velagapudl, Thullur Mandal, Guntur District.
fo
The Oistrict Collector, Visakhapatnam District, Visakhagainam.
Cad
The Tahsidar, Ganawaka Mandal Visakhapatnam District.
oe
The Sub Ragistrar, Sabbavaram Registrar Office, Visakhapatnam District (1 to 4
by RPAD)
S. One CC to Sr P Ralasekhar, Advocate FOP UC)
5. Two OCs to GP for Revenue, High Court of Anchra Pradesh. [OUT]
. Une spare copy
oad
6p
a
HIGH COURT
DRS
DATED: gee/2022
POST AFTER FIVE WEERS FOR FILING COUNTER ALONG WITH THE COMPLIANCE REPORT
ORDER
WP. No.d308 of £022
DIRECTION -
