ORDER:

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus, declaring the action of the respondents 2, 3 & 4 in including the petitioner residential building by way of “Grama Kantam” situated in T.S.No.189/G part consisting of 311 1/9 Sq.Yards (260.02 Sq.Meters) located at Phoolbagh Road, Bobbili Mandal and Municipality, Vizianagaram District is arbitrary, illegal and violation of Article 14 and 300A of the Constitution of India and consequently direct the 4th respondent to receive and process the document that may be filed by the petitioner for sale of property as stated supra, in favour of purchaser, in the interest of natural justice and pass such other order or orders”.

The case of the petitioner in nutshell is that originally the land in Sy.No.189 in an extent of Ac.90.00 cents belonged to Sri Raja Rao Swetha Chalapathi Rama Krishna Ranga Rao Bahadur and subsequently he gifted the same to Smt.Subhadra Devi, an extent of Ac.20.00 cents of land along with Bunglow and thereafter she has sold away the same to different parties under Registered Sale Deeds.

The petitioner purchased the open site under Registered Sale Deed vide Doc.No.1423/1991, dated 22.06.1991 from the vendor Sri Chelikani Venkata Seeta Rama Swamy through his GPA Holder Sri Mandava Gopala Rao vide registered G.P.A.No.16/98 who purchased the same from his vendor Sri Nadiminti Venkata Gopala Krishna Swamy under Registered Sale Deed vide Doc.No.524/1972 from his vendor.

After Purchase of the same, the petitioner approached the Municipal Commissioner, Bobbili and obtained permission and constructed residential house thereon and later it was assessed and regularly paying the property tax to the local authority and the petitioner has been in physical possession and enjoyment of the property in his own right.

While the matter stood thus, the property was included in the prohibitory property list under Section 22-A of the Registration Act (for short ‘the Act’) as it is a Grama Kantam land and thereby keeping in view the order passed in W.P.No.1339 of 2014 included in the prohibitory property list under Section 22-A of the Act. But in view of the order passed by this Court in Vonna Bangaraju and others vs. Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Stamps and Registration) Dept. and others1, the Grama Kantam land cannot be treated as Government land and inclusion of the land in the prohibitory list as Grama Kantam land is illegal and requested to set aside the same.

It is also brought to the notice of this Court G.O.Ms.No.100, dated 22.02.2014, issued by the Government to contend that requirement of No Objection Certificate for registration of Grama Kantam land is dispensed with in Vizianagaram District. Hence, the petitioner contended inclusion of this property under Section 22-A of the Act is illegal and requested to issue a direction as claimed above.

The respondents have filed counter affidavit denying the material allegations contending that the subject property is covered by T.S.No.189 Gollapalli Village, Bobbili Mandal, Vizianagaram District is declared as Government land in the statement showing the details of Government Lands prohibited for Registration under

1 2014 (4) ALT 238

Section 22-A of the Act of Gollapalli Village along with other villagers of Bobbili Mandal, vide RC.No.724/2006/B, dated 23.03.2007 of Tahsildar, Bobbili, Vizianagaram District and RC.No.219/2012/A1, dated 24.03.2012 of Tahsildar, Bobbili, Vizianagaram District prohibited from registration under Section 22-A of the Act, 1908. Subsequently, the Registration Act is amended which came into force on 20.06.2007.

It is further contended that the inclusion of this land in the prohibited property list is in accordance with law and the petitioner is not entitled to claim any relief and requested to dismiss the writ petition.

During he