The central legal point established in the judgment is the need for compliance with court directions and the right to be heard before passing orders.

ORDER:

Heard Sri K.S.Murthy, learned Senior Counsel, appearing for Sri G.V.V.S.R. Subrahmanyam, learned counsel for the petitioner, and Sri G. L. Narasimha Reddy learned counsel, appearing for the respondents.

2. Sri K. Yerraiah and others had applied for a Ryothwari patta over an extent of Ac.7.00 cents of land in Sy.No.314 of Kapuluppada Village, Bheemunipatnam Mandal, Visakhapatnam District, under the provisions of Andhra Pradesh Estates Abolition Act. The Joint Collector-cum-Settlement Officer by proceedings bearing SR.No.11(a)/4/10/VSP dated 05.02.2011 had granted the said patta.

3. An appeal against the said order was filed by the Tahsildar, Bheemunipatnam before the Commissioner and Director of Settlements, A.P Hyderabad. This appeal was dismissed by order dated 17.02.2012 in RP.13/201/A2. A revision was filed against the orders of the Commissioner and Director of Settlements before the Commissioner of Appeals A.P Hyderabad was allowed, setting aside the orders granting ryothwari patta. Sri K. Yerraiah and others approached the erstwhile High Court of Andhra Pradesh, by way of W.P.No.31157 of 2012, against this order. The High Court had disposed of the writ petition, on 25.07.2014, remanding the matter back to the Commissioner Appeals. Thereupon, the revision petition was dismissed by the Commissioner of Appeals by proceedings bearing CCLA’s Ref.No.P1/979/2012 dated 20.03.2015.

4. While the Ryothwari Patta was confirmed in favour of Sri K.Yerraiah and others in these proceedings, the said land was placed in the prohibitory list maintained under Section 22(A) of the Indian Registration Act, maintained by the Joint Registrar, Bheemunipatnam. Aggrieved by this action, Sri K.Yerraiah and others had filed W.P.No.30569 of 2015 before the Hon’ble High Court which had directed that the writ petitioners therein can file a petition before the Collector, Visakhapatnam for deletion of their lands from the prohibitory list. In pursuance of these directions Sri K.Yerraiah and others appear to have filed a petition to the Collector which remained pending.

5. At that stage, the petitioners herein had purchased the aforesaid land from Sri K.Yerraiah and others in the year 2011, by way of written deeds of sale, which were presented for registration before the District Registrar. As these documents were not being released, the petitioners herein had moved W.P.No.19180 of 2016 before the erstwhile combined High Court at Hyderabad. This writ petition was disposed of on 20.06.2016 directing the release of the documents and the District Registrar had released the documents of the petitioners.

6. The petitioners had then approached the Meeseva Kendram for filing mutation application on 24.03.2013. This application was refused on the ground that Sy.No.401/5 of Kapuluppada village was not available in the web land as the lands were included in the prohibitory list.

7. The petitioners had thereupon approached the District Collector, Visakhapatnam and the Tahsildar, Bheemunipatnam, by a representation dated 24.03.2017 for deletion of the said land from the prohibitory list maintained under Section 22(A) of the Indian Registration Act.

8. As no steps were being taken in pursuance of this request, the petitioners approached this Court, by way of W.P.No.15854 of 2017 which was disposed of by a learned Single Judge of the erstwhile combined High Court in the following manner:

“Since it is stated that the petitioners’ representation dated 24.03.2017 for deleting the subject property from the list of prohibited properties under Section 22A of the Registration Act, the 2nd respondent is directed to dispose of the said representation in terms of the Full Bench Judgment reported in Vinjamuri Rajagopala Chary and others v. Principal Secretary, Revenue Department, Hyderabad and Others reported in 2015 SC Online Hyd 407 : (2016) 2 ALD 236 (FB) for deletion of subject property from the prohibited list within a period of two months, from the date of receipt of a copy of