Allowed

A. Sidda Reddy, v. The Government of Andhra Pradesh

Telangana HC3 Jun 2013WP/12169/2013

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged a letter prohibiting registration on ancestral land, claiming it was mistakenly included in a list under Section 22-A of the Registration Act. The admissions by the Revenue Authority confirmed the mistake. The Court disposed of the petition directing the Sub-Registrar to accept the documents for registration without reference to the erroneous letter

What did the court decide?

The Sub-Registrar, Tirupati Rural Mandal is directed to receive and process the petitioner's documents for registration without reference to the letter dated 24.03.2012 issued by the Tahsildar.

A. Sidda Reddy, Vs The Government of Andhra Pradesh — Writ and Judicial Review | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.12169 of 2013 Date: June 03, 2013

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Between:
A. Sidda Reddy …
Petitioner
And
1. The Government of Andhra Pradesh, rep. by its District Collector, Chittoor & 3 others. …
Respondents

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.12169 of 2013

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O R D E R:

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The petitioner challenges the letter dated 24.03.2012 addressed by the Tahsildar, Tirupati Rural Mandal, Tirupati, to the Sub-Registrar, Tirupati Rural Mandal, intimating to him the list of lands pertaining to which registration of documents was prohibited.

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2. The grievance of the petitioner is that his land in Survey No.229/7 of Durgasamudram Village, Tirupati Rural Mandal, Chittoor District, has been included in the list attached to the said letter. It is the case of the petitioner that his land is ancestral property and would therefore not be subject to the prohibition envisaged by Section 22-A of the Registration Act, 1908 (for short ‘the Act of 1908’).

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3. The learned Assistant Government Pleader for Revenue, basing on the written instructions dated 24.04.2013 received from

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the Tahsildar, Tirupati Rural Mandal, Chittoor District, states that the petitioner’s land in Survey No.229/7 of Durgasamudram Village was classified as patta dry land and that it was included in the list of prohibited properties communicated by the Revenue Authorities to the Registration Authorities by mistake and oversight. It is further stated that action is being taken for deletion of the petitioner’s land from the said prohibitory list.

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4. As the Revenue Authorities themselves admit to a mistake in including the petitioner’s land in the so called prohibitory list, this Court need not go into the validity and status of the said list.

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5. As the petitioner’s land is not subject to the prohibition envisaged by Section 22-A of the Act of 1908, even as per the respondents themselves, being a private patta land, the writ petition is disposed of directing the Sub-Registrar, Tirupati Rural Mandal, Tirupati, to receive and process the documents presented by the petitioner in respect of the subject land without reference to the letter dated 24.03.2012 addressed to him by the Tahsildar, Tirupati Rural Mandal, Tirupati. In the event the documents so presented are found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar, Tirupati Rural Mandal, shall complete the registration formalities and release the documents in accordance with the due procedure. W.P.M.P. No.15057 of 2013 shall stand dismissed in the light of this final order. No order as to costs.

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___________________ SANJAY KUMAR, J.

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Date: June 03 2013. BSB

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.12169 of 2013

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Date: June 03, 2013

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BSB

A. Sidda Reddy, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

A. Sidda Reddy, v. The Government 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

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Case details

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