Allowed

T.K.Shanashekar Reddy, v. The State of Andhra Pradesh

Andhra Pradesh HC17 Nov 2020WP/17491/2020

Case brief

AI extract

What is this about?

The Court directed the 4th respondent to delete the petitioners' property from the Prohibited Property List under Section 22-A of the Registration Act, 1908, following a recommendation under G.O.Ms.No.575 dated 16.11.2018, which applies to lands assigned before 18.06.1954.

What did the court decide?

Order directing 4th respondent to delete the property from prohibitory list within 4 weeks and subsequently register and release the sale deed bearing P.No. 350 of 2018.

T.K.Shanashekar Reddy, Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.17491 OF 2020

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ORDER:-

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This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the 4^th respondent in refusing to register document P.No. 350/2018 vide refusal order dated 24.08.2020 executed in respect of land an extent of Ac. 4.30 cents in Sy.No. 116/1 situated at Palasamudram Village, Panchayat area of Gorantla Mandal, Anantapur District, though the land belongs to legal heirs of assignee which was assigned prior to 1954 and referring that the above property is included in the Prohibited Property List maintained under Section 22-A(1)(a) of Registration Act, on the ground of assigned land is illegal, arbitrary and violative of provisions of Registration Act, 1908 and violative of G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department and set aside the same and consequently direct the 4^th respondent to receive, admit the sale deed in respect of above subject land for registration and release the same.

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The Case of the petitioner is that the land in an extent of Ac. 8.97 cents in Sy.No. 116/1 of Palasamudram Village and Panchayat Area of Gorantla Mandal, Anantapur District originally belongs to one Gollakka, which was assigned to her vide D.A.No. 1124/37 (1927) and her name is reflected in all revenue records and she has two sons namely Thimmanna and Chinnappa. Thimmanna has three sons namely Adeppa, Venkatappa and Papanna. Venkatappa has only son by name Gavappa and he has two sons namely Venkatesu and Anjinappa. They succeeded the above said property being their legal heirs and they have been in possession and enjoyment of the said property. The subject property to an extent of Ac. 4.30 cents, out of Ac. 8.97 cents in

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Sy.No. 116/1 is devolved to share of Venkatesu and Anjinappa, sons of Gavappa. The petitioner purchased the said property and a Sale Deed is executed on 13.12.2018 and same is presented before 4^th respondent for registration of document and same was allotted P.No.350 of 2018 and was kept pending for registration. After keeping the same for two years the 4^th respondent passed the refusal order dated 24.08.2020 refusing to register the said document on the ground that “property is included in the Prohibited Property List maintained under Section 22-A(1)(a) of Registration Act-1908”. Being aggrieved by the same, the present Writ Petition is filed.

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The petitioner purchased the property for valid consideration and the vendors executed sale deed and they approached the 4^th respondent for registration of Sale Deed and requested to receive the Sale Deed and register the same. The 4^th respondent received the sale deed assigned P.No.350/ 2018 and kept the document pending on the ground that the land referred in the sale deed is included in the prohibitory list maintained under Section 22-A of the Registration Act and the 4^th respondent refused to register the Sale Deed. The Government have issued orders permitting the Collectors for deletion of government lands assigned prior to 18.06.1954 from the purview of Section 22-A of Registration Act, 1908 vide G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department and continuing the land in the prohibitory list, though the Collectors are permitted to make such deletion, is illegal and arbitrary and violative of G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department.

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Learned counsel for the petitioner Sri P. Narahari Babu reiterated the contentions urged in the affidavit filed in support of

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Writ Petition, whereas, learned Assistant Government Pleader for Registration and Stamps contended that, recommendation was made for deletion of the property from the prohibitory list under Section 22-A of Registration Act and it is pending for consideration and that the respondents/authorities will take appropriate steps to delete the property from prohibitory list and after completion of deletion, the 4^th respondent/Sub-Registrar will entertain the document, register it and release the same.

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Admittedly, the property was partitioned among the vendors of the petitioner as they inherited the same as there is no restriction of alienation of the property, as the same was assigned prior to 18.06.1954. Hence, the provisions of A.P. Assigned Lands (Prohibition of Transfers) Act, 1977, have no application to the assignments granted prior to 1954 and even as per the G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department, the District Collectors are given power of 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 did not delete the land from the prohibitory list published under Section 22-A of Registration Act, 1908.

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In view of the above discussion, it is an undisputed fact that the authorities made a recommendation, including the Collectors for deletion of the property from the prohibitory property list under Section 22-A of Registration Act and it is pending before the concerned authorities for taking appropriate steps for deletion. Following the decision of this Court in T.Balaji Vs. State of A.P¹ , the respondents are directed to complete the process of deletion of

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1 2020(1) ALT 326 (A.P)

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the petitioners property of an extent of Ac.4.30 cents in Survey No.116/1 of Palasamudram Village and Panchayat area of Gorantla Mandal, Anantapur District, from the prohibited properties list, in terms of G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department, within a period of four (04) weeks from the date of receipt of the copy of this order and on such deletion, the 4^th respondent is directed to register the sale deed bearing P.No. 350 of 2018, without reference to the refusal order dated 24.08.2020, if it is in accordance with the registration rules, register and release the same in favour of the petitioner.

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

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__________________________ JUSTICE M. GANGA RAO

Date: 17.11.2020

THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.17491 OF 2020