WRIT PETITION 36603 of 2016 on 23 December 2015

ORDER:

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the action of the revenue authorities in including petitioners registered patta land admeasuring to an extent of 2.91 acres in Survey No.329/3 of Pamuru Village and Mandal, Prakasam District in Prohibitory lands list under Section 22-A of the Registration Act and communicating same to the respondent Nos.5 and 6 for prohibition of registration in respect of above said land by treating the registered patta land as it belongs to Endowments department despite having knowledge about the proceedings of Respondent Nos. 7 to 9 wherein categorically held that the subject property is patta land and Ryotwari patta was granted in favour of Ragapati Kondaiah, who is none other than the predecessor of petitioners vendors and not receiving the application of the petitioner for mutation of his name in revenue records is highly objectionable illegal and arbitrary and contrary to law and violative of Registration Act and also violative of Andhra lnams (Abolition and Conversion into Ryotwari) Act, 1956 and consequently direct the respondents to delete the petitioners land in an extent of 2.91 acres in Survey No.329/3 of Pamuru Village and Mandal, Prakasam District from Prohibitory list under Section 22-A of the Registration…”.

2. When this matter came up for admission on 25.01.2017, this Court granted an interim order which reads as follows:- “There shall be interim direction to the 4[th] respondent to receive and dispose of the application of petitioner for mutation of his name in revenue records in respect of the subject land, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.”

3. Today, when the matter came up for hearing, learned counsel for the petitioner reiterated the contentions urged in the writ petitions.

4. On the other hand, learned Government Pleader for Revenue placed a copy of instructions of the Tahsildar, dated 16.12.2022, wherein it is stated that as per the FLR, the classification of the Sy.No.329-3, admeasuring to an extent of Ac.2.91 cents of Pamur Village of Pamur Mandal was “Bajantri Service” and as per “1A” Revenue Record of Pamur Village and Mandal, the same survey number was note on the name of Ragipati Kondaiah S/o Nagaiah, as per the Annexure-III (Endowment) as “Sri Bhujangeswara Swamy Temple”; in the webland, it is noted as Inam and in the Pattadar Column as others.

5. Learned Government Pleader for Revenue on instructions submits that the Government constituted a Committee to consider the grievances of persons affected by the Notifications under Section 22-A of the Registration Act, 1908 regarding registration of prohibited properties, as per the orders dated 23.12.2015 passed in W.A.Nos.232 of 2012, 352 of 2013 and 343 of 2015, vide G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016.

6. On a perusal of the contents of this writ petition, it appears that the petitioner has not made any such applications as required under G.O.Ms.No.300, dated 05.07.2016.

7. In view of the instructions and submissions made by the learned Government Pleader for Revenue, without going into the merits of these cases, this Court feels it appropriate to dispose of this writ petition by directing the petitioner to make appropriate applications through Mee-seva on payment of requisite fee for de-notifying the subject properties from the list of prohibited properties notified under Section 22-A of the Registration Act, 1908.

8. With the above directions, these writ petitions are disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, shall stand closed.

_______________________

JUSTICE V.SUJATHA

221

ASH

HONOURABLE SMT. JUSTICE V.SUJATHA

(Disposed of)

WRIT PETITION No.36603 of 2016

Date : 16.12.2022