Andhra Pradesh High Court - Amravati
Velaga Madhavi vs The State Of Andhra Pradesh on 10 February, 2023
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No. 25338 of 2021
ORDER:
The Writ Petition is filed under Article 226 of Constitution
of India for the following relief/reliefs:
....to issue an appropriate writ order or issue an
appropriate writ order or direction more particularly one
in the nature of Writ of Mandamus declaring the
inaction of the Respondents to delete the subject matter
land from the prohibited properties list issued by the
respondent No.10 as highly illegal, arbitrary, improper,
unjust contrary to provisions of Registration Act and in
violation of Principles of natural justice guaranteed
Under Articles 14, 16 and 21 of the Constitution of India
by way of set aside the impugned prohibited properties
list issued by respondent No.10 and consequently to
direct the respondent Nos.7 and 8 to register the
aforesaid Will with regard to the subject matter land
within one month and consequently to direct the
Respondents not to take any coercive steps against the
petitioner including not to interfere with the petitioner's
peaceful possession and enjoyment over the subject
matter land pending disposal of the writ petition and
pass such other order or orders...
2. The present writ petition is filed seeking direction to the
respondents to delete the subject land from the prohibited
properties list made under Section 22A of the Registration Act.
3. Learned counsel for the respondents submit that in view
of judgment of the Full Bench in W.A. No.353 of 2015 and
Batch dated 23.12.2015 which is followed by the W.A. No. 343
of 2015 dated 29.01.2016, the District Collector who is the
competent authority to delete the lands which are under
prohibited list.
4. In view of the judgment of the Full bench it is open to the
parties to a document, if the relevant property / land finds
place in the list of properties covered by clauses (a) to (d) of
sub-section (1) of Section 22-A of the Registration Act, 1908, to
apply for its deletion from 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 orders within six
weeks from the date of receipt of the application and make its
copy available to the concerned party.
5. In view of the guidelines issued in WA 343 of 2015 and
batch, the present writ petition is disposed of directing the writ
petitioner herein to approach the concerned District Collector
for redressal of his grievance. The District Collector, on filing of
such application by the petitioner, shall dispose of the same
within two months from the date of application of the petitioner
after giving notice to the parties.
6. With the above said direction, the writ petition is disposed
of. The office is directed to attach a copy of the above Writ
Appeal No.343 of 2015 and batch dated 29.01.2016 to the
present Writ Petition.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed. There shall be no order as to costs.
JUSTICE TARLADA RAJASEKHAR RAO
Date: 10.02.2023
Harin
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
W.P.No. 25338 OF 2021
Date: 10-02-2023
Harin
