Jada Bharathamma Vs The Government of Andhra Pradesh

THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

Writ Petition No.21317 of 2012

ORDER:

The petitioner was extended the assistance by the Prakasham District Scheduled Castes Cooperative Finance Corporation Limited, Ongole, the 5^th respondent herein, in purchasing an extent of Ac.1.00 of land in survey No.784/3 in Kandukuru Mandal, Prakasham District, in the year 1991. She intended to sell the said property. Her grievance is that the Sub-Registrar, Kandukur Mandal, the 3^rd respondent herein, is refusing to register the document, on the ground that Section 22-A of the Registration Act, 1908 (for short ‘the Act’) applies to it.

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

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It is not in dispute that the petitioner purchased the land from private parties, but with the assistance from the 5^th respondent. This Court examined the nature of rights of such persons, including the right to sell the property. In W.A.Nos.185, 186 and 187 of 2012, a Division Bench of this Court through its order, dated 15.02.2012, held that there is no prohibition against alienation of such lands.

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Following the same, the writ petition is allowed and the

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3^rd respondent is directed to register the documents presented by the

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petitioner, without treating that Section 22-A of the Act applies to the said land.

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The miscellaneous petition filed in this writ petition also stands disposed of.

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There shall be no order as to costs.

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____________________ L.NARASIMHA REDDY, J.

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Dated:13.07.2012

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GJ

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY

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Writ Petition No.21317 of 2012

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Date:13.07.2012

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GJ

Jada Bharathamma v. The Government of Andhra Pradesh

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Jada Bharathamma v. The Government of Andhra Pradesh

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