ORDER:

The petitioner seeks writ of mandamus declaring the action of the 5th respondent in refusing to register the document after giving P.No.226/2020 vide refusal order dated 27.02.2021 in respect of land admeasuring 300 square yards of open land out of Acres 0.72 cents in Survey No.255-3A situated at Kirekera Village Polam, Hindupur Mandal, Anantapur District, simply referring that the above property is notified as prohibited property under Section 22-A(1)(a) of Registration Act, as illegal, arbitrary and unconstitutional and violative of provisions of Registration Act, 1908 and G.O.Ms.No.575, Revenue (Assigned-I) Department, dated 16.11.2018 and for a consequential direction to the 5th respondent to receive, admit the sale deed in respect of the above said land for registration and release the same.

2. (a) The petitioner’s case, briefly, is that the land in an extent of Acres 1.81 cents in Survey No.255-3 situated at Kirekera Village, Hindupur Mandal, Anantapur District, was originally assigned in favour of one Sri Vaddi Kundeti Venkatappa vide DAR.Dis.No. 289/38, dated 30.04.1929. The said property was succeeded by the brother of the assessee as the original assignee died issueless. The petitioner’s vendor succeeded the said property as legal heirs of original assessee and they had been in continuous possession and enjoyment of the property till the date of sale. Petitioner purchased the said property under a registered sale deed dated 17.11.2020 for valid consideration and the petitioner has been in possession and enjoyment of the same.

(b) When the petitioner presented the documents for registration before the 5th respondent, he allotted P.No.222 of 2020 and passed an order on 27.02.2021 refusing to register the same on the ground that the document mentioned properties are in the prohibited list under Section 22A-(1)(a) of Registration Act, 1908.

Hence, the present writ petition.

3. Heard the learned counsel for the petitioner and learned Government Pleader for Stamps & Registration representing the respondents.

4. Learned counsel for petitioner would submit that the objection raised by 5th respondent is untenable in view of G.O.Ms.No.575 Revenue (Assignment-I) Department dated 16.11.2018 and since the assignment was made in favour of original assignee in the year 1929, there can be no objection for registration.

5. I find force in the submission of the learned counsel for petitioner. G.O.Ms.No.575 Revenue (Assignment-I) Department dated 16.11.2018 says thus:

“4. The Spl.C.S.& Chief Commissioner of Land Administration has suggested that all assignments made prior to 18-06-1954 may be considered for deletion from the purview of section 22-A of Registration Act, 1908 as there was no condition of non-alienation. The condition of non-alienation to non-British subjects may be ignored as it is irrelevant at present. The clear statement about the assigned lands prior to 18.06.1954, will settle a number of land matters and court cases being faced by the Revenue Department.

5. After careful examination of the matter, Government hereby order for deletion of Government lands assigned prior to 18.06.1954 from the purview of Section 22-A of Registration Act, 1908.”

6. In the instant case, assignment was made in favour of original assignee Sri Vaddi Kundeti Venkatappa vide DAR Dis.No.289/38, dated 30.04.1929 and since the assignment was made prior to 1954 and by virtue of G.O.Ms.No.575 Revenue (Assignment-I) Department dated 16.11.2018, the subject land can be deleted from the list of prohibited properties covered under Section 22-A of Registration Act, 1908.

7. This writ petition is accordingly disposed of directing the 5th respondent to receive the sale deed from the petitioner and register the same in accordance with law.

As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed. No costs.

_________________________ U.DURGA PRASAD RAO, J

23.03.2021 S</b>S</b>/MVA