Allowed

J Vasantha Reddy Goud, v. The State of Andhra Pradesh

Andhra Pradesh HC17 Nov 2020WP/17501/2020

Case brief

AI extract

What is this about?

The High Court directed the 4th respondent (Sub-Registrar) to register a sale deed after directing the authorities to delete the disputed land from the prohibitory list under Section 22-A of the Registration Act, 1908, relying on a Government Order and a prior court decision, despite pending recommendations for deletion.

What did the court decide?

Direction to authorities to delete the property from the prohibitory list within four weeks and direct the Registrar to register the sale deed thereafter.

J Vasantha Reddy Goud, Vs The State of Andhra… — Property and Title | Andhra Pradesh HC (2020)

¶1

THE HON’BLE SRI JUSTICE M. GANGA RAO

¶2

WRIT PETITION No.17501 OF 2020

¶3

ORDER:-

¶4

This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the 4^th respondent in refusing to register the document P.No. 200/2017 vide refusal order dated 13.11.2017 executed in respect of land an extent of Ac. 2.17 cents situated in Sy.No. 323/1 and an extent of Ac. 0.03 cents situated in Sy.No. 232/3 of Chilamathur Village limits, Chilamathur Mandal, Anantapur District, though the land belongs to legal heirs of Diglot (Re-settlement Register) Pattadars referring that the above property is included in the Prohibited Property List maintained under Section 22-A(1)(b) of Registration Act without any proceedings is illegal, arbitrary and violative of provisions of Registration Act, 1908 and set aside the same, consequently direct the 4^th respondent to receive and register the sale deed in respect of above subject land in favour of petitioner.

¶5

The Case of the petitioner is that the land in an extent of Ac. 10.14 cents situated in Sy.No. 323 of Chilamathur Village, Chilamathur Mandal, Ananthapur District originally belongs to 1. Sanku Sreeramaiah gari Chinna Narayanaiah, 2) Sunku Lakshmaiah gari Venkataramaiah and 3) Katta Srinivasaiah, who are the Diglot (Re-Settlement Register) Pattadars and their names were reflected in Colum No. 488 of Tappseal list. The executants of General Power of Attorney are successors of Diglot Pattadars and they succeeded the above property being the legal heirs of Diglot Pattadars and they have been in possession and enjoyment of the property till the date of execution of said document.

¶6

¶7

The property in an extent of Ac. 2.17 cents in Sy.No. 323/1 and an extent of Ac. 0.03 cents in Sy.No. 232/3 devolved upon to the share of S.R.Shankar. The said S.R.Shankar and his son has executed General Power of Attorney dated 27.10.2017 in respect of subject property to the petitioner, since then the petitioner is in physical possession and enjoyment of the subject property. The petitioner and executants presented the document bearing P.No. 200 of 2017 for registration on 27.10.2017 before the 4^th respondent, which is kept pending for two years and on repeated requests, the 4^th respondent refused to register the document on 13.11.2017 on the ground that “Property is included in the Prohibited Property List maintained under Section 22-A(1)(b) of the Registration Act-1908. Hence, assailing the arbitrary action of the 4^th respondent, this present Writ Petition is filed.

¶8

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

¶9

Admittedly, the subject property is inherited by the executants of the above General Power of Attorney, are the Diglot Pattadars, as there is no restriction of alienation of the property. Hence, the provisions of A.P. Assigned Lands (Prohibition of

¶10

¶11

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 for 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 have not deleted the land from the prohibitory property list maintained under Section 22-A of Registration Act, 1908.

¶12

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 properties list maintained 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 the subject property of an extent of Ac.2.17 cents in Survey No.323/1 and an extent of Ac. 0.03 cents in Sy.No. 232/3 situated at Chilamathur Village Limits, Chilamathur Mandal, Anantapur District, from the prohibitory 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 a copy of this order and on such deletion, the 4^th respondent is directed to register the document bearing P.No. 200/2017, without reference to the refusal order dated 13.11.2017, if it is in accordance with the registration rules, register and release the same in favour of the petitioner.

¶13

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

¶14

¶15

Accordingly, the writ petition is disposed of. No order as to

¶16

Costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.

¶17

__________________________ JUSTICE M. GANGA RAO

¶18

Date: 17.11.2020

¶19