Allowed

Leburu Sudhakar Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC7 Mar 2022WP/5158/2022

Case brief

AI extract

What is this about?

The High Court allowed a writ petition directing the District Registrar and Tahsildar to delete specific dotted lands from the prohibited properties list under Section 22(A) of the Registration Act, 1908, following District Level Committee orders and previous judicial precedents, mandating registration within eight weeks.

What did the court decide?

Directing respondents 5 and 6 to delete the subject lands from the prohibited list and register the documents within eight weeks from receipt of the order.

Leburu Sudhakar Reddy Vs the State of Andhra… — Landlord and Tenant | Andhra Pradesh HC (2022)

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1 THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.5158 of 2022

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ORDER :

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The petitioner prays for a writ of mandamus declaring the action of respondents, particularly respondents 5 & 6, in not deleting the landed property of the petitioner to an extent of Ac.0.58 cents in Sy.No.422; Ac.3.67 cents in Sy.No.475-B1; Ac.0.36 cents in Sy.No.507; Ac.2.32 cents in Sy.No.509 and Ac.2.26 cents in Sy.No.513 of Padugupadu Village, Kovur Mandal, SPSR Nellore District from the prohibited properties list maintained under Section 22(A) of the Registration Act, 1908 in spite of the directions of 4^th respondent issued in R.Dis.No.E6/2020/2021 dated 16.12.2021 and not registering the documents presented by the petitioner as illegal, arbitrary and for a consequential direction.

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2. Heard Sri G.V.L. Murthy, learned counsel for petitioner, and learned Assistant Government Pleader for Revenue representing the respondents 1, 2 & 4, and learned Assistant Government Pleader for Stamps & Registration representing the respondents 3, 5 & 6.

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3. Learned counsel for petitioner would submit that the subject matter in this writ petition is squarely covered by the order dated 07.04.2021 in W.P.No.7795/2021 and order dated 31.07.2020 in W.P.No.12483/2020 and therefore, this writ petition may be allowed in terms of the aforesaid orders.

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4. Learned Assistant Government Pleader has admitted that the subject factum in the present writ petition is covered by the aforesaid orders.

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5. A perusal of the orders in W.P.No.7795/2021 and W.P.No.12483/2020 would show that having found that the District Level Committee (D.L.C)

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2 constituted under the provisions of the A.P. Dotted Lands (Updation in Resettlement Register) Act, 2017, after enquiry passed orders directing the Tahsildar and District Registrar concerned to delete the subject lands from the prohibitory list maintained under Section 22-A of the Registration Act, 1908, but, the concerned officials have not acted upon, a writ of mandamus was issued against the officials therein to delete the subject land from the prohibitory list and to receive and register the documents presented by the petitioner therein.

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6. In the instant case also, the DLC vide proceedings in R.Dis.E6/2020/2021 dated 16.12.2021 passed the following order:

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Hence, as per the records discussed supra, the applicant has got the subject lands in Sy.Nos.422, 475-B1, 507, 509-2 & 513 for an extent of Acs.0.58, 3.67, 0.36, 3.47 & 2.26 cents through Registered Document Nos.45/1995 & 55/1995, Dt: 12.01.1994 & 16.01.1995 and he & his predecessor are in continuous possession of the claimed land for more than 12 years. The land in Sy.Nos.422, 507, 509-2 & 513 for an extent of Acs. 4.36, 7.09, 3.47 & 10.10 cents are subdivided, denoted as Sy.Nos.422-2, 507-2, 509-2C & 513-2 for an extent of Acs.0.58, 0.36, 2.32 & 2.26 cents in favour of the applicant Sri Leburu Sudhakar Reddy. There are no court cases pending on the subject land as on date and not assigned to assignee, any Ex-servicemen / Freedom Fighters / Political Sufferers etc, and not notified under Land Acquisition Act. The subject land is not covered by any land ceiling proceedings, CIFS, Surplus and Poromboke and that the lands now proposed have not been put non-agriculture purpose and hence the applicant’s claim can be accepted.

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The District Level Committee after careful examination of the proposals submitted by the Convener concerned for the lands shown in the schedule below have found that the land(s) is / are under active recognized possession of the claimants / predecessors for a period of more than twelve (12) years prior to the stipulated date i.e., 14.06.2017.

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The District Level Committee hereby directs the Tahsildar, Kavali to take necessary action to treat / recognize the following dotted land as patta land and incorporate the changes in the Re-settlement Register / Diglot and other Revenue Records of the village in respect of following dotted lands Register of the Village in the schedule shown.

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SCHEDULE

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Mandal : Kavali

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Village : Chennayapalem

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Name of the Applicant : Sri Leburu Sudhakar Reddy, S/o. Radha Krishna Reddy

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Sl.No.	Sy.No.	3 Extent for updating the land under enjoyment in Ac.	Nature of Land
1	422-2	0.58
2	475-B1	3.67
3	507-2	0.36	Patta Land
4	509-2C	2.32
5	513-2	2.26

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The District Registrar, Nellore is directed to delete the above Schedule land from the Prohibitory Properties list maintained under section 22(A) of Registration Act, 1908. The Tahsildar, Kavali is hereby instructed to take necessary action and to carry out Adangal correction / Mutation within 7 days from the date of receipt of this order and report compliance.

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However, this order does not confer any right or title over the land. At any later date if it is found that this order was obtained by misrepresentation or mistake of facts or on the basis of false records, the order stands cancelled and the claimant is liable for civil and criminal prosecution.

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7. The grievance of the petitioner is that despite the same, the respondents 5 & 6 did not comply with the directions in the aforesaid order.

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8. In view of the covered orders in W.P.No.7795/2021 and W.P.No.12483/2020 and for the reasons stated therein and also in view of the similar orders passed by the District Level Committee in the instant case, this Writ Petition is allowed directing the respondents 5 & 6 to delete the subject lands from the prohibited list of the properties under Section 22A of the Registration Act, 1908 and to receive, register and release the documents presented by the petitioner as per the provisions of the Registration Act, if it is otherwise in order, within eight (8) weeks from the date of receipt of a copy of this order. No costs.

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

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U.DURGA PRASAD RAO, J

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_________________________

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07.03.2022 MVA

Leburu Sudhakar Reddy v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Leburu Sudhakar Reddy v. the State of Andhra Pradesh

Case brief

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What did the court decide?

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