WP/27668/2015 of Bandike Ramesh Vs The State of Andhra Pradesh, on 30 December 2022

ORDER:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“...to issue a Writ or Order more in the nature of Mandamus declaring the list of immovable properties situated in Sy.No.991 admeasuring Ac.1.45 cents situated in Peapully village and Mandal, Kurnool District, furnished by the 3[rd]respondent to the 2[nd] respondent vide R.Dis (E/2)/2845/ 2010, dated 17.01.2012 and the consequential endorsement of the 5[th] respondent dated 13.05.2015 in No. SRO.PPL/P7/2015 where under the registration of the land property situated in the aforesaid said Sy.No. in Peapully village and Mandal, Kurnool District, as illegal, arbitrary and contrary to the statutory provisions of Section 22 (A) (1) (b) (c) 2 of the Registration Act, 1908 as the land in the aforesaid Sy.No. is not published by the 1[st] respondent in the Official Gazette as prohibited property and consequently direct the 5[th] respondent to entertain and receive the sale deed bearing Doc.No.7 of 2015, dated 12.05.2015, being presented by the petitioner for registration with respect of the land admeasuring Ac.01.45 cents situated in Sy.No.991 of Peapully village and Mandal, Kurnool District....”

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2. The case of petitioner, in brief, is that one late Venkappa purchased some extent of land from Marium Bee under Registered Sale Deed bearing Document No.389/ 1939, dated 24.05.1939 and after his demise, out of partition, Ac.1.45 cents of land fell to the share of petitioner’s vendor viz., Guduru Balarangaiah, which was purchased by the petitioner under Sale Deed, dated 12.05.2015. The Collector, Kurnool issued Letter No.Rc.E2/2845/2010, dated 17.01.2012, stating that the land in Sy.No.991 of Peapully village to an extent of Ac.1.45 cents is noticed as Government land. The grievance of the petitioner is that, when the petitioner presented the sale deed in respect of the subject property along with required stamp duty for registration, the 5[th]respondent, refused to register the same, vide letter bearing No.SRO/PPL/P7/2015, dated 13.05.2015, stating that as per the letter No.Rc.E2/2845/2010, dated 17.01.2012, issued by the District Collector, Kurnool, the subject land is noticed as Government land. Aggrieved by the same, the present writ petition is filed.

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W.P.No.27668 of 2015

3. Heard the learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration.

4. On perusal of the material on record, it appears that, as per the letter No.Rc.E2/2845/2010, dated 17.01.2012, issued by the District Collector, Kurnool, the subject land is noticed as Government land and basing on which the 5[th]respondent refused to register the document presented by the petitioner, vide letter No.SRO.PPL/P7/2015, dated 13.05.2015.

5. However, today, when the matter came up for hearing, learned Assistant Government Pleader for Stamps and Registration, stated that the Government constituted a Committee to consider the grievances of the persons affected by Notification 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, if the petitioner makes any application as VS, J W.P.No.27668 of 2015

required under G.O.Ms.No.300, dated 05.07.2016, the Committee will consider the same and pass appropriate orders.

6. Having regard to the facts and circumstances of the case and in view of the submissions made by the learned Government Pleader, without going into the merits of the case, the writ petition is allowed and the letter Rc.E2/ 2845/2010, dated 17.01.2012 issued by the 3[rd]Respondent-District Collector, Kurnool District, is set aside, leaving it open to the petitioner to make appropriate application through Mee-seva on payment of requisite fee for de-notifying the subject property from the list of prohibited properties notified under Section 22-A of the Registration Act, 1908. There shall be no order as to costs.

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

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V. SUJATHA, J

Date: 30.12.2022.

KGR/SSN

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W.P.No.27668 of 2015

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HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.27668 of 2015

Date : 30.12.2022

KGR/SSN