IN THE HIGH COURT OF ANDHRA PRADESH ****
W.P. No.4304 of 2022 Between: B.Sridevi, W/o. B.V.Ramana Reddy, Aged about 55 years, Occ: Farmer, R/o. Door No.2-26-1, Nagireddy Colony, Tirupati Road, Piler, Chittoor District, Andhra Pradesh …. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Land) Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh …. Respondents DATE OF JUDGMENT PRONOUNCED: 14.03.2022 SUBMITTED FOR APPROVAL:
THE HON’BLE SRI JUSTICE U. DURGA PRASAD RAO
1. Whether Reporters of Local Newspapers may be allowed to see the judgment? Yes / No
2. Whether the copies of judgment may be marked to Law Reporters / Journals? Yes / No
3. Whether His Lordship wish to see the fair copy of the Judgment? Yes / No _________________________ U. DURGA PRASAD RAO, J * THE HON’BLE SRI JUSTICE U. DURGA PRASAD RAO + W.P. No.4304 of 2022 % 14.03.2022 Between: B.Sridevi, W/o. B.V.Ramana Reddy, Aged about 55 years, Occ: Farmer, R/o. Door No.2-26-1, Nagireddy Colony, Tirupati Road, Piler, Chittoor District, Andhra Pradesh …. Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Land) Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh …. Respondents ! Counsel for Petitioner : Sri Ambati Sreekanth Reddy ^ Counsel for Respondents : Assistant Government Pleader for Revenue for 1, 4 & 5 Assistant Government Pleader for Registration & Stamps for 2, 3, 6 &
7 Gist:
> Head Note:
? Cases referred:
1) MANU/AP/0791/2015 = 2016 (2) ALD 236 HON’BLE SRI JUSTICE U.DURGA PRASAD RAO Writ Petition No.4304 of 2022
ORDER:
The petitioner prays for a writ of mandamus declaring the action of 4th respondent in not taking steps for de-notifying of petitioner’s lands of Ac.6.00 cents in Sy.No.719/3 and Ac.6.06 cents in Sy.No.719/5 totaling Ac.12.06 cents of Thatiguntapalli Village accounts of Valmikipuram Mandal, Chittoor District from the prohibited list of properties under Section 22A(1)(e) of the Registration Act, 1908 as illegal and for a consequential direction to 4th respondent to adhere to the guidelines issued by the Government and facilitate the de-notification of the aforesaid lands.
2. The petitioner’s case succinctly is thus:
(a) The petitioner purchased an extent of Ac.6.00 cents in Sy.No.719/3 and Ac.6.06 cents in Sy.No.719/5 totaling Ac.12.06 cents of Thatiguntapalli Village accounts of Valmikipuram Mandal, Chittoor District from one P.Leelavathi under a registered Sale Deed dated 22.02.2007 vide document No.151/2007. Earlier, the vendor of the petitioner was enjoying those lands and her name was entered in revenue records and she was granted Pattadar Passbook through I.B. Khatha No.385, P.P.B. No.306585. Soon after purchase, the revenue authorities mutated her name in the revenue records in 1(B) and granted Digital title deed and Pattadar Passbook and mutated Adangal in her name bearing Katha No.1820.
(b) Her further case is that when she intended to execute a Gift Deed in favour of her husband to settle some extent of the land which she purchased and approached the 7th respondent for issuance of Valuation Certificate, she was informed that her lands were recorded in prohibitory list as dotted lands under Section 22A(1)(e) of the Registration Act.
(c) She submitted a claim petition through Meeseva portal to the revenue authorities requesting to register her name in the Resettlement Register as per the provisions of Section 4(3) of the Andhra Pradesh Dotted Lands (Updation of Re-settlement Register) Act, 2017 (for short, ‘the Act 2017’) and to delete the lands from prohibitory property list. After due enquiry, the District Collector, Chittoor District / 4th respondent vide proceedings in R.Dis.E4/244/Valmikipuram/2019 dated 23.12.2019, approved the claim of petitioner and agreed to register her name in column No.16 of the Resettlement Register and to delete dots in the ‘A’ Register as per the provisions of the Act 2017.
(d) After issuance of the said proceedings by 4th respondent, the petitioner made requisition to 6th respondent and 6th respondent vide letter in G2/401/2021 dated 05.02.2021 sought for instructions of the 4th respondent as to whether the subject survey numbers can be deleted from the purview of Section 22A(1)(e) of the Registration Act without de-notification of the survey numbers by the Government of Andhra Pradesh. Subsequently there was no response from 4th respondent to the letter addressed by the District Registrar / 6th respondent. The petitioner also personally pursued the matter with the Collector office, however, there was no response from 4th respondent.
Hence, the writ petition.
3. Heard Sri Ambati Sreekanth Reddy, learned counsel for petitioner, and learned Assistant Government Pleader for Revenue representing the respondents 1, 4 & 5, and learned Assistant Government Pleader for Registration & Stamps representing the respondents 2, 3, 6 & 7.
4. Reiterating the pleadings in the writ petition, learned counsel for petitioner argued that in spite of the proceedings dated 23.12.2019 issued by the District Level Committee (DLC) headed by the District Collector, Chittoor / 4th respondent observing that the petitioner’s claim is accepted and her name is to be registered in column No.16 of the Resettlement Register as per the provisions of the Act 2017 and to delete dots in the ‘A’ register, so far consequential action of the deletion of the subject property from the prohibitory list under Section 22A(1)(e) of the Registration Act has not been taken by the respondents 6 & 7 and the Gift Deed submitted by the petiti