Disposed

G Jyothi v. The State of Andhra Pradesh

Andhra Pradesh HC20 Feb 2023WP/4039/2023

Case brief

AI extract

What is this about?

In a writ petition challenging non-deletion of land from prohibited list under S. 22A(1)A of Registration Act, 1908, the High Court directed the Tahsildar to consider the pending Mee-seva application expeditiously within four months, directing all parties to be heard before final decision.

What did the court decide?

Directing the 2nd respondent to consider and dispose of the Mee-seva application within four months, hearing all parties, and verifying records.

G Jyothi Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2023)

¶1

'■ •' ■ ® W 2

¶2

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

¶3

(Special Original Jurisdiction)

¶4

MONDAY. THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

¶7

WRIT PETITION NO: 4039 OF 2023

¶8

Between:

¶9

Smt. G. Jyothi, W/o Late, G.Vijayavarma R/o. D.No.2-117, SBR Puram, Vadamalapeta, Chittoor, Andhra Pradesh.

¶10

...PETITIONER

¶11

AND

¶12

The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Stamps and Registration Secretariat Buildings, Velagapudi Village, Amaravathi.

¶13

The District Collector. Tirupathi District, Tirupathi. (Previously Chittoor District) 3. The Revenue Divisional Officer, Tirupathi District, Tirupathi (Previously Chittoor District)

¶14

The Tahsildar, Puttur Mandal, Tirupathi District.

¶15

The District Registrar, Tirupathi District. Tirupathi.

¶16

...RESPONDENTS

¶17

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ more particularly in the form of Writ of Mandamus declaring the action of the respondents in not deleting petitioners land admeasuring Ac 0.84 cents situated in Sy.Nd. 172/2C, Ac 0.21 cents situated in Sy.No. 172/2B1 of Taduku Village, Puttur Mandal, Tirupathi District from the list of prohibited properties under section 22A(1)A of the Registration Act 1908 in spite of his application submitted through AP Online - Mee Seva vide Application No TTA012300103096 as illegal, irrational, unjust irresponsible, violative of the principles of natural justice apart from being violative of the Art 14, 21 and 300A of the Constitution of India and consequently direct the respondents to delete petitioner said land from the list of Prohibited Property for registration under Section 22A(1)A of Registration Act 1908.

¶18

lA NO: 1 OF 2023

¶19

Petition under Section 151 CPC is filed 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 respondents not to interfere with the peaceful possession of

¶20

¶21

the petitioners land admeasuring Ac 0.84 cents situated in Sy.No. 172/2C, Ac 0.21 cents situated in Sy.No. 172/2B1 of Taduku Village, Puttur Mandal, Tirupathi District, pending disposal of the writ petition.

¶22

Counsel for the Petitioner: SRI. VMR LEGAL

¶23

Counsel for the Respondent 1 to 5: GP FOR REVENUE (STAMPS AND REGISTRATIONS)

¶24

The Court made the following: ORDER

¶25

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶26

THE HON'BLE SRI JUSTICE B KRISHNA MOHAN

¶27

WRIT PETITION No.4039 of 2023

¶28

G. Jyothi, W/o. Late G. Vijayavarma, R/o. D.No.2-117, SBR . Puram, Vadamalapeta, Chittoor, Andhra Pradesh.

¶29

Petitioner

¶30

Versus

¶31

The State of Andhra Pradesh, rep. By Principal Secretary, Revenue Department, Stamps and Registration, Secretariat Buildings, Velagapudi Village, Amaravathi and 4 others.

¶32

....Respondents

¶33

ORDER:

¶34

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

¶35

The grievance of the writ petitioner is that, in spite of making an online Mee-seva application dated 23.01.2023 to delete the subject land to an extent of Acres 0.84 cents in Survey No.l72/2C, Acres 0.21 cents in Survey No.l72/2B1 of Taduku Village, Puttur Mandal, Tirupathi District from the prohibited list under Section 22-A (1)A of the Registration Act, 1908, no action has been taken so far.

¶36

■x.-

¶37

¶38

The learned counsel for the petitioner submits that the petitioner made an online Mee-Seva application No.TTAO 12300103096 dated 23.01.2023 to delete the subject land in an extent of Acres 0.84 cents in Survey No.l72/2C, Acres 0.21 cents in Survey No.l72/2B1 from the prohibited list of properties mentioned under Section 22-A (1) A of the Registration Act, 1908.

¶39

4'. The learned counsel for the petitioner further submits that, the petitioner is in exclusive possession and enjoyment of her share of the property which is to an extent of Acres 0.84 cents in Survey No.l72/2C and Acres 0.21 cents in Survey No.l72/2B1. The revenue authorities also earlier granted Patta in favour of the petitioner vide Khata No. 105. While so, the 4th respondent issued notice dated 16.06.2021 stating that the said property belongs to the Government and the explanation was sought within 15 days. Immediately, the petitioner gave an explanation, but no action has been taken so far. Hence, the petitioner was constrained to file the above said online application for deletion of the subject property from the prohibited list, but there is no progress in the matter. Hence, this writ petition.

¶40

Z Z

¶41

¶42

On the other hand, the learned Assistant “Government Pleader for Revenue appearing for the respondents submits that, the Mee-seva application filed by the petitioner would be dealt with by the authorities concerned by following the due procedure.

¶43

In view of the above said facts and circumstances, the 2^^ respondent is directed to consider and dispose of the Mee-seva online application of the petitioner bearing No. TTAO12300103096 dated 23.01.2023 with respect to the subject land to an extent of Acres 0.84 cents in Survey NO.172/2C and Acres 0.21 cents in Survey No.l72/2B1 as expeditiously as possible strictly in accordance with law preferably within, a period of four (04) months from the date of receipt of this order. All the parties shall be heard including the petitioner by giving due opportuniiy and upon verification of the records and the subject land, the appropriate decision shall be taken on it’s own merits.

¶44

Accordingly, the writ petition is disposed of. There shall

¶45

be no order as to costs.

¶46

¶47

As a sequel, Miscellaneous Petitions pending, if any,

¶48

shall stand closed.

¶49

¶50

Sd/- K. KASIRAO ACHARI ASSIST^T R^G^^RAR

//TRUE COPY//

SECTFON OF^ER

To,

The Principal Secretary, Department of Revenue, Stamps and Registration, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Amaravathi.

¶55

2. The District Collector, Tirupathi District, Tirupathi. (Previously Chittoor District) 3. The Revenue Divisional Officer, Tirupathi District, Tirupathi (Previously Chittoor District)

¶56

The Tahsildar, Puttur Mandal, Tirupathi District.

¶57

The District Registrar, Tirupathi District, Tirupathi. 6. One CC to SRI. VMR LEGAL Advocate [OPUC] 7. Two CCS to GP FOR REVENUE (REGISTRATIONS AND STAMPS), High Court Of Andhra Pradesh. [OUT]

8. Two CD Copies

csb MSR

HIGH COURT

DATED:20/02/2023

*
dds « U on.
ORDER
WP.No.4039 of 2023
Io

¶63

DISPOSING THE WP WITHOUT COSTS

G Jyothi v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

G Jyothi v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vadaganatham Sai Rajeswar Rao Vs The Tahasildar

Pandipotu Chandrayudu Vs the State of Ap

Pittu Chandra Sekhar Reddy Vs State of Andra Pradesh

Yeddu Ramesh Babu Vs the State of Andhra Pradesh

Vadaganatham Sai Rajeswar Rao Vs The Tahasildar

Sunrise Meadows Ventures Pvt. Ltd., Vs the State of Andhra Pradesh