WP/25623/2020 of B.Amarnatha Reddy, Vs The State of Andhra Pradesh, on 31 December 2020

ORDER:-

This petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the action of the 2[nd]Respondent in not taking any steps for deletion of petitioner’s land in an extent of Ac. 0.50 cents, out an extent of Ac. 2.00 cents situated in Sy.No.404-1B2 of Hindupur Village Polam, Hindupur Municipal area, Hindupur Mandal, Anantapur District from the prohibited property list by considering the G.O.Ms.HNo.575 dated 16.11.2018 Revenue (Assigned-I) Department and also “No Objection Certificate” issued by the 2[nd] respondent and the further action of the Respondent No. 4 and 5 in decline to receive and accept the sale deed presented by the petitioners in respect of above said land by relying on the prohibited property list furnished by the 2[nd] respondent as illegal, arbitrary, violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2[nd] respondent to delete the land of the petitioner from the prohibited property list with the further direction to the respondents 4 and 5 to receive, admit the sale deed sought to be presented by the petitioner in respect of the land for registration and release the same.”

2. The case of the petitioner is that originally the land to an extent of Ac. 5.75 cents in Sy.No. 404-1B of Hindupur Village was assigned in favour of Sri Nanjappa vide DAR Dis.No.1344/38 dated 26.04.1929 and after his demise, his legal hairs got the land sub-divided to Sy.No.404-1B1 an extent of Ac. 3.75 cents and Sy.No.404-1B2 an extent of Ac. 2.00 cents and they have obtained No Objection Certificate dated 15.12.1994 from the 2[nd] respondent.

3. The petitioner’s husband has purchased theland in an extent of Ac. 0.50 cents, out an extent of Ac. 2.00 cents situated in Sy.No.404-1B2 of Hindupur Village Polam, Hindupur Municipal area, Hindupur Mandal, Anantapur District through a Registered Sale Deed dated 01.01.2010 from one G. Roopa Reddy W/o

G. Subramanyam Reddy, ever since then he has been in physical possession and enjoyment of the same as lawful owner. Prior to him, there were several registrations taken place in respect of above survey number. The husband of the petitioner namely B. Amaranatha Reddy executed a Registered General Power of Attorney dated 05.03.2020 appointing the petitioner as his lawful power of attorney agent in respect of the land. The petitioner intends to sell the property for her financial crisis and approached the 5[th] respondent on 09.12.2020 for valuation certificate, who refused to issue the same on the ground that the land is included as per provisions maintained under Section 22-A 1(a) of Registration Act, 1908 in the prohibited property list is illegal and arbitrary. Assailing the arbitrary action of the 5[th] respondent, the Writ Petition is filed.

4. Learned counsel for the petitioner submit that the issue involved in this Writ petition is squarely covered by the orders in W.P.No.1418 of 2020 dated 27.01.2020 and prayed to issue similar directions in this Writ Petition also. The learned Assistant Government Pleader also acceded for the same.

5. Admittedly, the land was assigned to the grand father of the petitioners without imposing restrictions for alienation. Therefore the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, have no application to the assignments granted prior to 1954 and G.O.Ms.No.575 dated 16.11.2018 (Revenue (Assigned-I) Department, the District Collectors are directed deletion of the lands assigned prior to 18.06.1954 from the purview of Section 22-A of Registration Act, 1908. Despite, the direction issued by the Government by way of G.O, the respondents failed to delete the land from the prohibited property list maintained under Section 22-A of Registration Act, 1908.

6. Following the said order, the respondents are directed to complete the process of deletion of the petitioner’s land in an extent of Ac. 0.50 cents, out an extent of Ac. 2.00 cents situated in Sy.No.404-1B2 of Hindupur Village Polam, Hindupur Municipal area, Hindupur Mandal, Anantapur Districtfrom the prohibited property list, within four (04) weeks from the date of receipt of a copy of this order, in terms of G.O.Ms.No.575 dated 16.11.2018 and communicate the deletion order to the 5[th] respondent immediately. On such deletion, the 5[th] respondent is directed to receive the proposed Sale Deed submitted by the petitioner, register it, if it is in accordance with law and release the same in accordance with law.

Accordingly, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.

Date: 31.12.2020

KK

__________________________

JUSTICE M. GANGA RAO

KK

THE HON’BLE SRI JUSTICE M. GANGA RAO

WRIT PETITION No.25623 of 2020

Date: 31.12.2020