Dismissed

M.Venkatesh v. The State of Andhra Pradesh

Andhra Pradesh HC1 Mar 2021WP/4816/2021

Case brief

AI extract

What is this about?

This writ petition challenged the 4th Respondent's refusal to register a sale deed due to the subject land being under Section 22-A prohibition. The Court held that continuation was violative of a 2018 Government Order allowing deletion for pre-1954 assignments. It directed Respondents 1-3 to delete the land from the prohibited list within six weeks. Consequently, the 4th Respondent was directed t

What did the court decide?

Directed respondents 1-3 to delete the subject land from prohibited list within 6 weeks; directed 4th respondent to accept and register the sale deed upon deletion.

M.Venkatesh 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.4816 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 refusing to receive and register the document in respect of land measuring Ac.0.52 cents situated in Sy.No. 439/1B of Gangadhara Nellore Village and Mandal, Chittoor District, as illegal, arbitrary and violative of provisions of Registration Act, 1908 and for a consequential direction to the 4^th respondent to receive, register and release the sale deed in respect of above subject land to the petitioner.

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The Case of the petitioner is that he is the owner of the land measuring Ac.2.00 cents, situated in Sy.No. 439/1B of Gangadhara Nellore Village and Mandal, Chittoor District, having purchased the same from one Venkatamma under a Registered Sale Deed bearing No. 934 of 1997, dated 05.03.1997. Since then, the petitioner has been in possession and enjoyment of the same. The 3^rd respondent issued Pattadar Pass Book and 1-B Adangal in favour of the petitioner. Earlier, he sold a part of the total land of Ac.2.00 cents and presently he is in possession of Ac.0.52 cents. The adjacent land measuring Ac. 0.41 cents and Ac. 0.91 cents, situated in Sy.No. 439/1D and 1C which belongs to his relatives were sold under registered sale deed bearing document No.1894 of 2013 dated 07.11.2013. To meet the family necessities, the petitioner intended to alienate the remaining land and approached the 4^th respondent for registration of the Agreement of sale entered with M/s G.Savithri and Harsha on 18.05.2019. The 4^th respondent refused to receive the said document on the ground that the land is included in the Prohibited property list under

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Section 22-A of the Registration Act, 1908 and insisted to obtain NOC from the 2^nd respondent. Assailing the same, the present writ petition is filed.

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Learned counsel for the petitioner submits that the in-fact the subject land originally belonged to the ancestors of the vendors of the petitioner, by virtue of an assignment in favour of one Nirigatti Totigadu. The said fact is evident from the Record of Holdings for the fasali 1940 & 1941 (years 1931 and 1930) at Sl.No.25916. 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. Therefore, the question of prohibiting the transfer of the subject land on the ground that it is an assigned land does not arise. Further, Government issued G.O.Ms.No.575 dated 16.11.2018 permitting the Collectors for deletion of government lands assigned prior to 18.06.1954 from the purview of Section 22A of Registration Act, 1908. Continuing the subject land in the prohibitory list, though the Collectors are permitted to make such deletion, is illegal, arbitrary and violative of G.O.Ms.No.575 dated 16.11.2018.

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Learned Assistant Government Pleader submits that unless the subject land is deleted from the prohibited property list, the 4^th respondent cannot entertain registration in respect of the same.

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Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the record, this Court in the interests of justice felt it appropriate to dispose of the writ petition.

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Accordingly, the Writ Petition is disposed of directing the respondents 1 to 3 to complete the process of deletion of petitioner land viz., Ac.0.52 cents in Sy.No.439-1B of Gangadhara Nellore Village and Mandal, Chittoor District, from the prohibited property list, in terms of G.O.Ms.No.575, Revenue (Assignment-I) Department, dated 16.11.2018, within a period of six (06) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner and 4^th respondent. On such deletion, the 4^th respondent is directed to receive the proposed document agreement of sale sought to be presented by the petitioner in respect of the subject land, process the same for registration if it is otherwise in accordance with the provisions of the Registration Act and the Rules made thereunder and release the same to the purchasers as per law. 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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__________________________ JUSTICE M. GANGA RAO

Date: 01.03.2021

THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.4816 OF 2021

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Date: 01.03.2021

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M.Venkatesh v. The State of Andhra Pradesh

Case brief

What is this about?

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M.Venkatesh v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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