ORDER:

This petition is filed under Article 226 of the Constitution of India, seeking to declare the action of respondent authorities in including the petitioners property in an extent of Ac.5.00cents in Survey no.1/3 of Ananthaiahgaripalli Village, Pullampet Mandal, Annamaiah District, in the list of prohibited properties under section 22-A of Registration Act, 1908, in not entertaining the documents in respect of the subject land in an extent of Ac.5.00cents in Sy.No.1/3 of Ananthaiahgaripalli Village, Pullampeta Mandal, Annamaiah District, for registration is highly arbitrary, illegal, null and void and consequently to direct the respondent authorities to delete the subject property from the list of prohibited properties, to update the revenue records as the land is a zeroiti land and to entertain the documents for registration for the subject land.

2. The land in an extent of Ac.5.00cents in survey number 1/3 of Ananthaiahgaripalli village, Pullampet Mandal, Annamaiah District was assigned in favour of one Kalimella Chinna Ramaiah, S/o Gangulaiah. The said Chinna Ramaiah mortgaged the subject land and obtained loan from the District Co-operative Central Bank, Kadapa through Ananthaiahgaripalli Primary Agricultural Co-operative Society. When the said Chinna Ramaiah failed to repay the loan, the bank initiated proceedings before the Special Cadre Deputy Registrar, the Cuddapah District Co-operative Central Bank, Kadapa for recovery of loan amount and obtained Award no.836/1985-86 dated 29.4.1986 and accordingly, the subject land was brought to sale in the execution proceedings in E.P.No.1049/1988-89 and the sale was held on 18.01.1991 and the sale was knocked down in favour of Smt. Avvara Bhadravathi and sale certificate was also issued to her under form-10 by engrossing on the stamp paper as required under Sub Rule-14(V) of Rule-58 of Andhra Pradesh Cooperative Societies Act, 1964. Subsequently, the petitioners have purchased the property from said Bhadravathi for a valuable consideration and approached for registration and the registration authorities have refused to register the same by an endorsement dated 22.12.2012. Aggrieved by the said endorsement, the petitioners had filed W.P.No.40160 of 2012 before the Hon’ble High Court of Andhra Pradesh at Hyderabad. The said writ petition was disposed of by considering the law laid down by the Division Bench of this High Court in Sub-Registrar, Srikalahasti, Chittoor District vs. K.Guravaiah1. Pursuant to the said directions, the respondents have entertained the documents and registered in favour of petitioners vide document no.315/2013. Surprisingly, the authorities once again included the subject property in the prohibitory list under section 22-A of Registration Act. Knowing the same, the petitioners have approached the revenue authorities seeking for deletion of the subject land in an extent of Ac.5.00cents in survey number 1/3 of Ananthaiagaripalli Village, Pullampeta Mandal, Annamaiah District from the prohibitory list. Basing on the request made by the petitioners, the Tahsildar as well as Revenue Divisional Officer had conducted detailed enquiry and submitted a report on 22.01.2019

1 2009(2) ALD 250(DB)

requesting the competent authorities i.e. District Collector for deletion of subject properties from the prohibited property list. Despite repeated requests, the authorities have not considered the request made by the petitioners. Hence the present writ petition.

3. Heard both sides.

4. It is an admitted fact that the issue was already decided by the Division Bench of the erstwhile High Court of Judicature at Hyderabad reported in Sub-Registrar, Srikalahasti, Chittoor District vs. K.Guravaiah wherein it was clearly held that the properties which were sold under public auction by the Co- operative Society are to be exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and it is an undisputed fact that the said orders were assailed before Hon’