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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.11551 OF 2021

ORDER:

This 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 inaction on the part of respondents on petitioners’ Mee Seva application dt.4.3.2020 submitted for deleting their private agricultural landed property of Ac.2.06 cents in Sy.No.934/AID of Ankireddypalem Revenue village in Guntur West Mandal of Guntur District from the list of prohibited properties U/s.22-A (1) (a) of Registration Act 1908 as illegal, arbitrary, unjust and consequentially direct the respondents to delete the petitioners said land from the prohibited property list issued by the revenue authorities U/s.22-A (1) (a) of Registration Act and pass such other order or orders”.

2. The case of the petitioners is that they are the absolute owners and possessors of land in extent of Ac.2.06 cents in Sy.No.934/AID of Ankireddypalem Revenue village in Guntur West Mandal of Guntur District, having inherited the same from the husband of 1st petitioner and father of petitioners 2 to 4 namely Peram Sambaiah. Originally the above said land is ancestral property of Peram Sambaiah. The competent authorities after duly verifying petitioners predecessor’s title, mutated the said Peram Sambaiah in all online web land record of rights including Adangal Pahanies, 1B register and also granted Pattadar Pass book cum Title Deed in his favour being maintained under the provisions of Andhra Pradesh Rights in land and Pattadar Pass Books Act, 1971. The said Peram Sambaiah died intestate on 7.5.2021. After his death, petitioners succeeded to the same as his legal heirs. Petitioners are in exercise possession and enjoyment of the said property without any interruption from any one at any point of time.

3. While things stood thus, when the 1st petitioner’s husband late Peram Sambaiah was alive, he came to know that the aforesaid land is wrongly recorded as “Gayalu” i.e., government lands in Ankireddypalem village revenue records, is notified in the list of prohibited properties for registration U/s.22-A(1) (a) of Registration Act, 1908, infact the said land is purely “Zirayathi land” i.e., private lands belongs to the petitioners. Petitioners have absolute right, title, ownership and possession over the said land. The 1st petitioner’s husband submitted an application dated 04.03.2020 vide application No.TTA012000049422 through Mee seva duly paying requisite fee to the 4th respondent, enclosing the copies of their documents of title, requesting to delete petitioners’ agricultural land admeasuring Ac.2.06 cents in Sy.No.934/AID of Ankireddypalem Revenue village in Guntur West Mandal of Guntur District from the list of prohibited properties for registration under Section 22-A (1)(a) of Registration Act, 1908.

4. No counter is filed.

5. During hearing, learned counsel for the petitioners reiterated the contentions urged in the petition.

6. Learned Assistant Government Pleader for Stamps and Registration, appearing for respondents submitted that an application should be made by paying requisite fee through Mee Seva to the District Collector for deletion. Based on the concession made by the learned Assistant Government Pleader, the learned counsel for the petitioners M/s.Nimmagadda Revathi sought liberty to submit an application through Mee Seva and requested to pass appropriate order. In view of the submissions made by the learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration this petition is disposed of granting liberty to the petitioner to make an appropriate application through Mee Seva for deletion of land in dispute from the prohibitory list published under Section22-A (1) (a) of Registration Act.

7. With the above direction, the petition is disposed of at the stage of admission. No costs.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

____________________

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