Partly allowed

Mogarala Rajababu v. State of Ap

Andhra Pradesh HC6 Jan 2021WP/367/2021

Case brief

AI extract

What is this about?

This writ petition challenged the Registrar's refusal to register a sale deed because the land was classified under Section 22-A of the Registration Act. The court relied on a prior order (WP.No.1418 of 2020) and directed the Revenue authority to delete the land from the prohibited list under G.O.Ms.No.575 dated 16.11.2018. Upon deletion, the Registrar was directed to register the sale deed.

What did the court decide?

Direction to add deletion of land from prohibited list to the cause titles in terms of G.O.Ms.No.575 and to the 4th respondent to register the sale deed upon such deletion.

Mogarala Rajababu Vs State of Ap — Property and Title | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE M. GANGA RAO

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Writ Petition No.367 of 2021

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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 not receiving the proposed sale deed executed by the petitioners 2 to 4 in favour of the 1^st petitioner in respect of land, an extent of Ac.2.37 cents at 68 Ramireddipalle village in Sy.No.492/2A of Chandragiri Mandal, Chittoor District, without following due process of law, as illegal, arbitrary, violation of Articles 14 and 300-A of the Constitution of India and consequently direct the 2^nd respondent to complete the process of deletion of the subject land from the prohibited property list and direct the 4^th respondent to receive the proposed sale deed on such deletion and register it in accordance with law.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Registration and Stamps appearing for the respondents.

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The case of the petitioners is that petitioners 2 to 4 are the absolute owners and possessors of land, an extent of Ac.2.37 cents situated in Sy.No.492/2A of 68 Ramireddipalle, Chandragiri Mandal, Chittoor District. Originally, the land was assigned vide proceedings No.8826/35 dated 18.11.1935. Late P. Ganga Mandadi purchased Ac.1.87 cents situated in Sy.No.492/2A under registered sale deed dated 29.04.1992 vide document No.346/92. Petitioners 2 to 4 are the legal heirs of Ganga Mandadi. Ac.0.50 cents was purchased by the father of 2^nd petitioner and grandfather of petitioners 3 & 4 vide document No.1494/1955. Thus, the family members of petitioners 2 to 4 are in

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peaceful possession and enjoyment of total land admeasuring Ac.2.37 cents situated at 68 Ramireddipalle Village, Chandragiri Mandal, having purchased the same under registered sale deeds. While so, the petitioners 2 to 4, for meeting domestic needs and medical expenses intended to sell the property. The 1^st petitioner, after obtaining copies of registered sale deeds dated 09.08.1955 and 02.05.1992 expressed his intention to purchase the same. Accordingly, on 28.12.2020, the petitioners approached the 4^th respondent for registration of the sale deed by paying the requisite stamps duty and registration fee. The 4^th respondent, after a brief enquiry, made an endorsement on the sale deed stating that ‘Section 22A list furnished by the revenue authority’. The 4^th respondent also provided a proof of notification undersigned by the Tahsildar, Chandragiri and the list showing land an extent of Ac.2.37 cents situated in survey number 492/2A is classified as AWD Revenue. Assailing the action of the 4^th respondent, the present writ petition is filed.

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Learned counsel for the petitioners submits that originally the land was assigned vide proceedings No.8826/35 dated 18.11.1935. Thus, the land is assigned much prior to issuance of G.O.Ms.No.1142, dated 18.06.1954, which imposed conditions prohibiting alienation. Prior to the issuance of the G.O.Ms.No.1142, there is no restriction for alienation of assigned lands. Moreover, the Government issued G.O.Ms.No.575, dated 16.11.2018 for deletion of lands assigned prior to 18.06.1954, from the purview of Section 22-A of Registration Act. However, no steps were taken to delete the property from the prohibited list and the 4^th respondent is refusing to register the document on the ground that the subject land is included in the prohibited property list maintained under

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Section 22-A of Registration Act, which is illegal, arbitrary and contrary to G.O.Ms.No.575 dated 16.11.2018.

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Learned counsel for the petitioner further submits that the issue involved in this writ petition is squarely covered by the order of this Court in WP.No.1418 of 2020 dated 27.01.2020 and prayed to issue similar directions in this writ petition also.

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Learned Assistant Government Pleader also acceded for 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 respondents therein 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 (Assign-I) Department and on such deletion, directed the fourth respondent therein to receive the proposed sale deed, register it, if it is in accordance with law and release the same in accordance with law.

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Following the said order, the 2^nd respondent is directed to complete the process of deletion of the subject land, an extent of Ac.2.37 cents at 68 Ramireddipalle Village in Survey No.492/2A, Chandragiri Mandal, Chittoor District, from the prohibited property list, within one month from the date of receipt of a copy of this order, in terms of G.O.Ms.No.575 dated 16.11.2018 and communicate the deletion order to the 4^th respondent immediately. On such deletion, the 4^th respondent is directed to receive the proposed document/sale deed, register it if it is in accordance with law and release the same in accordance with law.

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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

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stand closed.

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________________ M. GANGA RAO, J 06.01.2021 ANR/Vjl

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HON’BLE SRI JUSTICE M. GANGA RAO

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Writ Petition No.367 of 2021

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06.01.2021

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Vjl

Mogarala Rajababu v. State of Ap

Case brief

What is this about?

What did the court decide?

Mogarala Rajababu v. State of Ap

Case brief

What is this about?

What did the court decide?

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