Allowed

B. Navaneethamma v. The State of Andhra Pradesh

Andhra Pradesh HC5 Nov 2020WP/19812/2020

Case brief

AI extract

What is this about?

The Court disposed of a Writ Petition seeking relief regarding the listing of private property in a prohibitory list. The Court held the petitioner was entitled to the same relief granted in an earlier order (WP.No.1418 of 2020) and directed the respondents to delete the land from the list, consider her representation, and register the proposed sale deed.

What did the court decide?

Directed respondents to delete the land from the prohibitory list in terms of G.O.Ms.No.575 dated 16.11.2018, consider the petitioner's representation, and register the sale deed if compliant with rul

B. Navaneethamma Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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Writ Petition No.19812 of 2020

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ORDER

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Heard both the counsel. The counsel agreed for the disposal of the Writ Petition, at the admission stage. Hence taken up for hearing and disposed of.

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The Writ Petition is filed to issue writ of mandamus declaring the action of respondent Nos.2 to 4 in showing the petitioner’s land admeasuring Ac.3.71 cents in Sy.No.338 situated in Chelluru Village, Yerpedu Mandalam, Chittor District in the prohibitory list in Serial No.1157 without issuing any notice and without following due process of law and the petitioner’s land is private patta land and without considering the representation dated 18.09.2020 of the petitioner is illegal, arbitrary and against the principles of natural justice and also violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent Nos.2 to 4 to remove the petitioner’s land from the prohibitory list showing at Serial No.1157 by directing the 4^th respondent to receive and entertain the document for registration submitted by the petitioner in the interest of justice.

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The case of the petitioner is that her late husband B.Chandraiah had purchased the agricultural land of an extent of Ac.3.71 cents situated in Sy.No.338 of Chelluru Village, Yerpedu Mandal, Chittor District on 20.08.1990 for valuable consideration from the original owner namely Smt.Laxmikantham, W/o.Thulluri Bhaskar. From the date of purchase, she along with her late husband have been in peaceful possession and enjoyment of the said property and her husband’s name was mutated in the revenue records and they are paying the cist

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regularly to the revenue authorities and the pattadar passbooks and title deeds were granted in favour of her late husband. After demise of her husband, she has been cultivating the lands to eke her livelihood along with her children. The revenue officials granted pattadar passbooks and title deeds in her favour vide patta No.342. She submits that, after death of her husband, she has struggled a lot and maintained her children and now they have grown up.

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That, now she is aged about 60 years and suffering from old age ailments and she is intending to perform the marriages of her children, for which she intend to sell away the land. She made an application on 04.09.2020 under RTI Act to the 4^th respondent requesting to furnish the details of her land. Thereupon, the 4^th respondent issued a letter dated 08.09.2020 informing her that the land is shown in the prohibitory list at Serial No.1157 and the sale of the land is prohibited and furnished the copies of the same. She shocked to know that her land is included in the prohibitory list maintained under Clause (e) of Sub-Section (1) of Section 22-A of the Registration Act. She states that her land is private patta land showing the same in the prohibitory list is highly illegal. Immediately, she made a representation dated 18.09.2020 to the District Collector for deletion of her land from the prohibitory list shown at serial No.1157. Even after receipt of her application by the respondents, till date no orders are passed on her application deleting her land from the prohibitory list.

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At the hearing, learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the orders in WP.No.1418 of 2020 dated 27.01.2020 and prayed to issue similar

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directions in this writ petition also. The learned Assistant Government Pleader for Registration and Stamps has not disputed the same.

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A reading of the order passed in W.P.No.1418 of 2020, dated 27.01.2020, reveals that this Court after considering relevant law elaborately passed orders directing the respondent to complete the process of deletion of the property of the petitioner therein, in terms of G.O.Ms.No.575 dated 16.11.2018 Revenue (Assigned-I) Department and on such deletion, the fourth respondent is directed to receive the proposed sale deed, register it, if it is in accordance with Registration Rules and release the same, in accordance with the Rules.

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Following the said order, the respondents are directed to complete the process of deletion of the petitioner’s property of an extent of Ac.3.71 cents in Sy.No.338 of Chelluru Village, Yerpedu Mandalam, Chittor District, from the prohibited list, within one month from the date of receipt of copy of this order, by considering her representation, dated 18.09.2020 in terms of G.O.Ms.No.575 dated 16.11.2018 and on such deletion, the respondent Nos.2 to 4 are directed to receive the proposed sale deed, register it if it is in accordance with Registration Rules and release the same in accordance with the Rules.

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With the above directions, the Writ Petition is disposed of. There shall be no order as to costs.

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

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______________ M.GANGA RAO, J

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05.11.2020 Vsl

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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