THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.27562 OF 2022
ORDER:
This petition is filed under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not considering the process of deleting the land of the petitioner for an extent of Ac.3-66 cents in Sy.No.713 situated at Mamillapalle Village, C.K. Dinne Mandal, YSR District, Erstwhile YSR Kadapa District from the prohibited properties list under Section 22A(1) of the Registration Act, 1908 vide Annexure-V of C.K.Dinne Mandal of Kadapa, Y.S.R. District dated.Nil in the light of the G.O.Ms.No.575, Revenue (Assignment-I) Department dated 16.11.2018, despite the applications made by petitioner dated
08.06.2020 and 08.07.2020, as illegal and arbitrary.
2. Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue-cum-Stamps and Registration appearing for the respondents.
3. Learned counsel for the petitioner submitted that in the year 2018, the Government of Andhra Pradesh took policy decision that the lands assigned prior to 18.06.1954 for deletion of Government lands from the purview of Section 22-A of the Registration Act, 1908 by virtue of G.O.Ms.No.575, Revenue (Assignment-I) Department dated 16.11.2018; pursuant to the above said G.O. the petitioner made an application through Mee-Seva vide application No.TTA012000051674 dated 08.06.2020 seeking modification in the list under Section 22-A of the Act, 1908 for deletion of the subject land of the petitioner. The petitioner also made another application on 08.07.2020 in the new format at the instance of the respondents, basing on which, the 5th respondent submitted a report dated 31.07.2020 sent to the 3rd respondent-District Collector, through the 4th respondent Revenue Divisional Officer, recommending to delete the subject land from the prohibitory list of Annexure-V sent to 7th respondent under Section 22- A(1)(e) of Registration Act in terms of G.O.Ms.No.575, dated 16.11.2018, since the subject land was assigned in the year 1942. Considering the said report, the 3rd respondent requested the 5th respondent to submit report pursuant to the new check list prescribed by the 2nd respondent, for the Government lands assigned prior to 18.06.1954 vide letter dated 25.06.2021. Pursuant to the above instructions, the 5th respondent submitted his report as per the new chick list to the 4th respondent, basing on the same, the 4th respondent submitted rectified report dated 01.11.2021 to the 3rd respondent. Despite receipt of the said report, the 3rd respondent did not initiate any action for deleting the subject land of the petitioner from the prohibitory list. Hence, the present writ petition.
4. On perusal of the material on record, the 4th respondent submitted the rectified report dated 01-11-2021 to the 3rd respondent- District Collector, recommending to eliminate the subject land of the petitioner from the prohibited property list under Section 22A (1)(e) of the Registration Act, 1908.
5. In view of the same, the Writ Petition is disposed of, directing the 3rd respondent to initiate action for deletion of the subject land from the prohibitory list under section 22A (1) (e) of the Registration Act, 1908 considering rectified report dated 01-11-2021 by the 4th respondent, within a period of two (02) months from the date of receipt copy of the order. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
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JUSTICE D. RAMESH Date: 06.09.2022 Pnr THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO.27562 OF 2022 Date: 06-09-2022 Pnr