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Guvvappagari Anjinappa v. The State of Andhra Pradesh

Andhra Pradesh HC6 Jan 2021WP/375/2021

Case brief

AI extract

What is this about?

This order addresses a writ petition challenging the refusal to register a sale deed and the failure to delist land from the prohibition list under the Registration Act, 1908. The court directed the Revenue authority to delete the property from the prohibited list per a 2018 Government Order and instructed the Registration authority to process the sale deed.

What did the court decide?

The 2nd respondent directed to delete the land from the prohibited list within one month; the 5th respondent directed to receive, register, and release the sale deed upon deletion.

Guvvappagari Anjinappa Vs The State of Andhra Pradesh — Land Acquisition | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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WRIT PETITION No. 375 OF 2021

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ORDER:

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The petitioners filed this writ petition seeking a writ of Mandamus declaring the action of the 2^nd respondent in not taking any steps for deletion of their property to an extent of Ac.0.98 cents out of Ac.17.67 cents situated in Survey No.262-13 of Modha Village, Parigi Mandal, Anantapur District from the prohibited list by considering G.O.Ms.No.575, Revenue (Assignment-I) Department, dated 16.11.2018 and the further action of the respondents 4 and 5 in declining to receive and accept the sale deed presented by the petitioners for registration in respect of the aforesaid land by relying on the prohibition list furnished by the 2^nd respondent, as illegal and arbitrary.

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Heard learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents.

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The case of the petitioners is that the 1^st petitioner is an absolute owner and possessor of land extent Ac.0.98 cents out of Ac.17.67 cents situated in Sy.No.262 of Modha Village, Parigi Mandal, Anantapur District, having inherited the same by way of succession. Originally the land extent Ac.17.67 cents situated in Sy.No.262 of Modha Village, Parigi Mandal, Anantapur District had been assigned in favour of one

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Hanumaiahgari Saneevappa vide DAR Dis.No.62/39. The land assignment was made prior to G.O.Ms.No.1142 dated 18.06.1954. Due to family necessities, the 1^st petitioner along with his family members viz., petitioners 2 and 3 were entered into an agreement of sale with the 4^th petitioner by receiving part of sale consideration. On 19.12.2020, when they approached the 5^th respondent for taking valuation certificate, they were informed that the subject land is included in the prohibited property list maintained under Section 22-A(1)(a) of the Registration Act, 1908. The Government also issued G.O.Ms.No.575, Revenue (Assignment-I) Department, dated 16.11.2018 directing the revenue authorities to delete the lands prohibited under Section 22-A of the Registration Act, 1908. But, so far, no action has been taken by the 2^nd respondent. Assailing the arbitrary action of the respondents, the present writ petition is filed.

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Learned counsel for the petitioner submits that the prohibition against alienation of assigned lands was incorporated for the first time in the year 1954 and prior to that there is no such restriction of alienation. 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 the Registration Act, 1908. However, no steps were taken to delete the property from the prohibited list and the 5^th respondent is refusing to register the document on the ground that the subject land is included

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in the prohibited property list maintained under Section 22-A of the Registration Act, 1908, which is illegal, arbitrary and contrary to G.O.Ms.No.575 dated 16.11.2018.

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Learned counsel for the petitioners further submits that the issue involved in this writ petition is squarely covered by the order of this Court in W.P.No.1418 of 2020 dated 27.01.2020 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 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.

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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.0.98 cents out of Ac.17.67 cents situated in Sy.No.262 of Modha Village, Parigi Mandal, Anantapur 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

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deletion order to the 5^th respondent immediately. On such deletion, the 5^th respondent is directed to receive the proposed document, register it if it is in accordance with the provisions of Registration Act, 1908 and the Rules made thereunder, and release the same, as per law.

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With the above directions, the Writ Petition is disposed of. No order as to costs.

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

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JUSTICE M.GANGA RAO

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6^th January, 2021

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anr

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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Writ Petition No. 375 of 2021

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06-01-2021

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anr

Guvvappagari Anjinappa v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Guvvappagari Anjinappa v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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