The High Court directed the District Collector to communicate a report recommending the deletion of land from a Prohibitory List under Section 22A of the Registration Act to the petitioner within two weeks before disposing the writ petition.
Directed the 1st respondent to communicate the proceedings to the petitioner within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE FOURTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 218 OF 2023
Between:
P. Govinda Rao, S/o. Late Dandashi Reddy, Aged about 53 years /Ex R/o.8-7/1.Lalitha Nagar, Akkayapalem, Visakhapatnam District□ouujo
...PETITIONER
AND
1. The District Collector, Anakapalli District, (Earlier Visakhapatnam District) 2. The Thasildar, Devarapalli, Anakapalli District, (Earlier Visakhapatnam uisincij
3. ^''''S'onal Officer, Anakapalli District, (Earlier Visakhapatnam
uisinci.J
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Order more in the nature of Mandamus in declaring the respondent to delete petitioner land Ac.4.99Cts in Sy.No.95/2 of Chinthalapudi Village, Devarapalli Mandal, Visakhapatnam District, now Anakapalli District from the purview of Prohibitory List maintained U/s 22A of Registration Act 1908 enabling the petitioner , who is ex-serviceman to alienate/sell the above land which was assigned in the year 2008 by the then Tahsildar, Devarapalli Mandal Visakhapatnam District vide vide Rc No-8/2008/A/Dated-11.04.2008 as illegal arbitrary, unjust, and violative of Articles 14 and 16 of the Constitution Of India ^'rect the 1® respondent to pass orders on the report Re No184/2021/SA/Dt-24.11.2021, submitted by the 2nd respondent to delete Ac.4.99Cts in Sy.No.95/2 of Chinthalapudi Village Devarapalli Mandal. Visakhapatnam District , now Anakapalli District from the purview of Prohibitory List maintained U/s 22A of Registration Act 1908 enabling the
petitioner ,. who is ex-service man to alienate/sell the above land which was assigned to the petitioner in the year 2008 by the then Tahsildar , Devarapalli Mandal Visakhapatnam District vide Rc No-8/2008/A/Dated-11.04.2008, in a time limit and on such deletion the respondents to receive the proposed sale deed , register it if otherwise in order and release the same in accordance with law.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 1st respondent to pass orders in a time frame on the report Rc No184/2021/SA/Dt-24.11.202 I, submitted by the 2"d respondent to delete petitioner land Ac.4.99Cts in Sy.No.95/2 of Chinthalapudi Village Devarapalli Mandal. Visakhapatnami District, now Anakapalli District from the purview of Prohibitory List maintained U/s 22A/Registration Act 1908.
Counsel for the Petitioner: SRI. K R SRINIVAS Counsel for the Respondent No. 1 to 3: GP FOR REVENUE Counsel for the Respondent No. 4: GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
THE HON'BLE SRI JUSTICE B KRISHNA MOHAN
r---r
WRIT PETITION No.218 of 2023
s
P. Govinda Rao, S/o. Late Dandashi Reddy, Aged about 53 years, R/o. 8- 7/1, Lalitha Nagar, Akkayapalem, Visakhapatnam District-530016
i .... Petitioner Versus The District Collector, Anakapalli District (earlier Visakhapatnam District.) and 3 others.
....Respondents
ORDER;
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.
Writ Petition.
2
extent of Ac. 4.99 cents in Sy.No.95/2 of Chinthalapudi Village, Devarapalli Mandal, Visakhapatnam District. Ever since he has been in possession and enjoyment of the same. For deletion of the said land from the Prohibitory List ’ maintained Under Section 22A of the Registration Act, 1908, he made an application to the 2nd respondent. The 2nd respondent forwarded the proceedings dated 24.11.2021 to the l®t respondent recommending the deletion of the said land from the Prohibitory List maintained Under Section 22A of the Registration Act, 1908. But thereafter no communication is sent to the petitioner. 4. On the other hand, the learned Assistant Government Pleader for Revenue upon the instructions submits that the District Collector, Visakhapatnam after getting requisite reports from the District Sainik Welfare Officer, Visakhapatnam passed appropriate orders duly rejecting the request of the petitioner, for de-notification of the land, which was entered under Section 22A of the Registration Act, 1908. The learned counsel for the petitioner takes it as a surprise about the proceedings of the District Collector, Visakhapatnam.
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‘ 5. In view of the above said facts and circumstances, the 1st respondent is directed to communicate the said proceedings to the petitioner within a period of two (2) weeks from the date of receipt of this Order. If the petitioner is aggrieved by the same, it is open for the petitioner to take proper course of action as per law if so advised. 6. Accordingly, the Writ Petition is disposed of. No costs.. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.
/
*V*
//TRUE COPY//
SD/-A.VENUGOPAL RAO ASSISTANT gGISTRAR SECTION OFFICER
To,
CSB Sdkr
HIGH COURT
DATED: 14/02/2023
o 0 5 2023
Cunent Seciion . I
ORDER
WP.No.218
.<br>
WP.No.218 of 2023
DISPOSING THE WP WITHOUT COSTS
2 issues framed by the court
Whether the petitioner is entitled to communication of the report regarding deletion of land from the Prohibitory List.
Whether the district collector should be directed to communicate the proceedings to the petitioner.
3 provisions across 3 enactments
P. Govinda Rao
District Collector, Anakapalli District
Thasildar, Devarapalli
Revenue Divisional Officer, Anakapalli District
Principal Secretary, Registration And Stamps Department
B KRISHNA MOHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
