Disposed

Kamalapuri Vishwarupaachari v. The State of Andhra Pradesh, Rep. by the Principal Secretary

Andhra Pradesh HC8 Dec 2022WP/42702/2015

Case brief

AI extract

What is this about?

This Court disposed of a writ petition challenging the refusal to register property documents due to their classification as 'Mangala Inam', directing the Revenue Divisional Officer to consider a petitioners' representation within four weeks.

What did the court decide?

Direction to present a representation to the Revenue Divisional Officer within two weeks for consideration and passing appropriate orders within four weeks.

Kamalapuri Vishwarupaachari Vs… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2022)

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.42702 of 2015

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ORDER:

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This writ petition is filed under Article 226 of the

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Constitution of India seeking the following relief:-

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“to issue an order or writ or direction more particularly one in the nature of writ of Mandamus, declaring the action of 5^th Respondent in refusing to receive and register the document in respect of the Petitioners Properties H.No.3-609 in an extent of 217.8 Sq.Yards in Sy.No.311 of Proddatur Village fields, Saraswathi Vidya Mandir Street, Ward No.3, Proddatur Town and Municipality, YSR Kadapa District and H.No.3-609 in an extent of 72.6 Sq.Yards in Sy.No.311 of Proddatur Village fields, Saraswathi Vidya Mandir Street, Ward No.3, Proddatur Town and Municipality, YSR Kadapa District as arbitrary, illegal, contrary to Section 22 (A) provisions of the Registration Act and consequently direct the 5^th Respondent to receive and register and release the document in respect of the Properties H.No.3-609 in an extent of 217.8 Sq.Yards in Sy.No.311 of Proddatur Village fields, Saraswathi Vidya Mandir Street, Ward No.3, Proddatur Town and Municipality, YSR Kadapa District and H.No.3-609 in an extent of 72.6 Sq Yards in Sy.No.311 of Proddatur Village fields, Saraswathi Vidya Mandir Street, Ward No.3, Proddatur Town and Municipality, YSR Kadapa District and to pass such other order or orders….”

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Heard Sri.T.V.Diwakar Reddy, learned counsel for the

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petitioner and learned Assistant Government Pleader for

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Revenue.

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A perusal of material on record that the properties, which are the subject matter of the writ petition, are owned

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by the petitioners and with an intention to dispose of the said properties, when petitioners approached the SubRegistrar, Proddatur, YSR Kadapa District refused to furnish market value certificates on the ground that the properties in Sy.Nos.311 of Proddatur village is “Mangala Inam” as per District Collector, Kadapa reference No.POT/Cell/1392, dated 17.02.2012, and therefore, prohibited from alienation.

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Learned counsel for the petitioner submitted that in similar circumstances, this Hon’ble Court passed orders on 08.12.2022 in W.P.No.29276 of 2015 is as follows:

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“....directing the petitioner to make a representation to the Revenue Divisional Officer, Jammalamadugu, within two (02) weeks from the date of receipt of copy of order and thereupon, the Revenue Divisional Officer, shall consider the same in accordance with the proceedings dated 27.08.2010 issued by him an identical case in Survey No.313 of Proddatur Village and Mandal, within four (04) weeks in accordance with law”.

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The learned Government Pleader for Revenue has not opposed to pass similar orders in this case.

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In view of the facts and circumstances of the case and submissions of both the counsel, this Writ Petition is disposed of directing the petitioners to make a representation to the Revenue Divisional Officer, Jammalamadugu, within two (02) weeks from the date of receipt of a copy of this order and thereupon, the Revenue Divisional Officer, shall consider the same and pass appropriate orders within four (04) weeks in accordance with law.

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With the above direction, the Writ Petition is disposed of. No costs.

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Consequently, miscellaneous petitions pending, if any, shall also stand closed.

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_______________________ JUSTICE V.SUJATHA

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Date : 08.12.2022 KGR

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230

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.42702 of 2015

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Date : 08.12.2022

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KGR

Kamalapuri Vishwarupaachari v. The State of Andhra Pradesh, Rep. by the Principal Secretary

Case brief

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Kamalapuri Vishwarupaachari v. The State of Andhra Pradesh, Rep. by the Principal Secretary

Case brief

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