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2022 Supreme(AP) 1128

U. DURGA PRASAD RAO
B. Tirupathi Rao – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates appeared:
Srinivas Ambati, for the Appellant; GP, for the Respondents

JUDGMENT

U. Durga Prasad Rao, J. - The petitioner firm seeks a mandamus declaring the action of respondents 2 to 4 in including the land of Ac. 36.66 cents out of Ac. 37.83 cents in Sy. No. 726 of Mamillapalli Village Fields, Chintakommadinne Mandal, YSR District in the prohibitory list under Section 22A(1)(a) of the Registration Act, 1908 showing it as a Forest land and consequential action of 8th respondent in refusing to register and release the Sale Deeds dated 20.07.2020 vide letter No. NIL/PROH/DOT dated 31.08.2021 as arbitrary, illegal and consequentially direct the respondents to delete the aforesaid property from the prohibitory list and release the Sale Deeds dated 20.07.2020.

2. The petitioner's case succinctly is thus:

    (a) The subject land was originally classified as patta land of (1) Machineni Subbarayudu (2) Yerra Kondam Naidu (3) Chinna Kondam Naidu (4) Papaiah Pala Kondam Naidu and (5) Machineni Nagamma in the Survey and Settlement Register prepared in the year 1874 and published on 28.02.1874. While conducting the Re-survey and Resettlement and also preparing the Re-survey and Resettlement Register in the year 1910, the said Sy. No. 716/14 was changed to Sy. No. 726

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