P Madhu Sudhan v. The State of Andhra Pradesh

THE HON’BLE SRI JUSTICE M. GANGA RAO

Writ Petition No.19193 of 2020

ORDER

Questioning the action of the 2^nd respondent in not taking any steps for deletion of the property of the petitioner from the prohibited list on the recommendations of the 4^th respondent in terms of G.O.Ms.No.575, dated 16.11.2018 Revenue(Assign.I) Department and consequential action of the 5^th respondent in refusing to receive and register the document presented by the petitioner for registration in respect of land of an extent of Ac.1.28 cents in Sy.No.1041/4 of Basinikonda Revenue Village, Madanapalle Mandal, the present writ petition is filed.

The case of the petitioner is that originally the land in Sy.No.1041/4 of Basinikonda Revenue Village was assigned in favour of one Rachakonda Venkatappa in the year 1929. Subsequently number of transactions took place and ultimately the mother of the petitioner purchased the property under registered document no.3663/1981, dated 10.07.1981. Thereafter, the petitioner’s mother partitioned the same along with other properties among the family members under registered document No.3883/2009 dated 17.06.2009. As per the said partition deed, an extent of Ac.1.28 cents in Sy.No.1041/4 of Basinikonda Revenue village fell to the share of the petitioner. Since the date of partition, the petitioner has been in possession and enjoyment of the said property. The petitioner, with an intention to alienate the property in favour of third parties, approached the 5^th respondent to furnish the market value certificate. The 5^th respondent refused to furnish the market value certificate on the ground that the subject property is included in the prohibited list maintained under Section 22-A(1)(e) of the Registration Act. Even if the subject land is an assigned land, initially, there are number of transactions prior to 1954. While assigning the land, no condition was