Pentakota Sreeramulu vs The State Of Andhra Pradesh
2022 Latest Caselaw 7877 AP

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            THE HON'BLE SRI JUSTICE D. RAMESH

               WRIT PETITION No.33691 of 2022
ORDER:-


      This Writ Petition is filed under Article 226 of the

Constitution of India aggrieved by the orders of the 4th

respondent dated 06.09.2022.

2. Heard both the counsel appearing for the petitioners

and the learned Government Pleader appearing for the

respondents.

3. During hearing, learned counsel for the petitioners

submitted that the petitioners has filed O.S.No.183 of 2017 on

the file of the Court of VII Additional District Judge(FTC),

Visakhapatnam against Parupudi Venkata Ramana and 11

others seeking for a direction to execute regular sale deed in

terms of Tripatty agreement dated 13.09.2012. The said suit

was decreed vide order dated 30.04.2018 declaring that the

plaintiffs are absolute owners of the subject property. He

further submits that the petitioners have made an application

dated 07.03.2022 to the 4th respondent under Form 6-A for

issuance of pattadar passbooks and title deeds in their favour.

While so, the 4th respondent has issued the impugned

proceedings dated 06.09.2022 rejecting the applications of the

petitioners. Thereafter, the petitioners were informed that the

2nd respondent has included the subject property in the list of

prohibitory properties under Section 22-A of the Registration

Act, 1908. The 2nd respondent without referring to the

Judgment passed by the VII Addl. District Court,

Visakhapatnam dated 30.04.2018 has included the subject

property in the 22-A list. Aggrieved by the same, the present

Writ Petition is filed.

Learned Government Pleader appearing on behalf of the

respondents has submitted that the petitioners have to make

an appropriate application before the District Collector/2nd

respondent for deletion of the subject property from the 22-A

list. He further submits that once the properties are included in

22-A list, the 4th respondent not has no authority to mutate the

names of the petitioners in the revenue records or entertain any

6-A application.

Considering the submissions of the learned counsel for

the petitioners and the learned Government Pleader for

Revenue, liberty is given to the petitioners to make an

appropriate online application for deletion of the subject

property from 22-A list within a period of two(2) weeks from the

date of receipt of copy of this order. On filing of such an

application, the 2nd respondent is directed to consider the same

and pass appropriate orders within a period of two(2) months

thereafter and communicate the same to the petitioners.

With the above directions, this Writ Petition is disposed of.

There shall be no order as to costs.

Consequently, miscellaneous applications pending, if

any, shall stand closed.

____________________ JUSTICE D.RAMESH

Date: 17.10.2022 Note:Issue C.C by 20.10.2022.

B/o.

tm.

THE HON'BLE SRI JUSTICE D. RAMESH

WP No. 33691 of 2022

17.10.2022 tm.