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2024 Supreme(Online)(TEL) 24189

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.36017 of 2024

ORDER

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. This writ petition is filed praying to:

“to declare the action of the Respondent No.2 in not registering the Sale deed presented by the Petitioner No.2 in petitioner favor in respect of land to an extent of Ac 3.16 gts in SY No.22/Ru situated at Ferozguda Village, Ibrahimpatnam Mandal, Rangareddy District by booking the slot vide application No.2400339334, dated 03.12.2024 by paying stamp duty and Registration of Rs 2,95,611/ through e-challan No.REG2400331230, Dated 07.06.2024 not releasing the document to petitioner is illegal arbitrary and violation of principles of natural justice consequently to direct the Respondent No.2 to Register the sale deed presented on 07.06.2024 in respect of the land an extent of ac.3-16 gts in Sy No.22/Ru, situated at Ferozguda Village, presented by the petitioner No.2 on petitioner name and release the same to petitioners”.

3. Facts rising to file this writ petition are that petitioner No.2 claims to be owner and possessor of the Agricultural land to an extent of Ac.3-16 gts in Sy No.22/Ru, situated at Ferozguda Village and the name of the petitioner No.2 is recorded in the Digital passbook No.T05090200054, vide Khata No.174 issued by the respondet No.2. However, in the passbook the land classification is recorded as ‘Celing Patta’ instead of ‘Patta land’. Thereafter, petitioner No.2 made application through TM33 module, vide application No.2300105961, dated 18.06.2023 for correction of records. Subsequently, District Collector, Rangareddy District has issued Proc.No.D2/4391/3/2022, dated nil-07-2023, correcting the classification of land from Ceiling Patta to Patta land. As matter stood, petitioner No.2 now indents to sell the subject property and approached the Registering Authority along with relevant documents for registration of subject documents, but the Registering Authority are orally refusing to receive and process the subject documents. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Stamps and Registration appearing for respondents placed instructions of respondent No.2, which reads as:

“It is further humbly submitted that, as the subject land are not removed from Prohibitary Registrar of 22-A, still appeared as Prohibited Lands in Stamps and Registration Department i.e., IGRS Web Portal, it is just and necessary to seek clarification in the matter, to which the applicant booked Slot through Dharani Portal was not attempted and kept pending. But, without waiting for the outcome of clarification from the District Authorities, the petitioner filed the present Writ Petition which is devoid of merits”.

5. At this state, learned counsel for the petitioners seeks permission of this Court to make a representation before respondent authorities submitting all their grievances and further pray this Court to direct the respondent authorities to consider and dispose the same within a time bond period.

6. Heard both sides.

7. It is pertinent to note that this Court has upheld the validity of Section 22-A of the Act in WP No.28300 of 2007 & Batch, dated 19.10.2023 and the Section 22-A must be in consonance with certain guidelines issued in Vinjamuri Rajagopla Chary Vs. State of Andhra Pradesh,, [(2016 (1) ALT 550 [FB])] and also granted liberty to the parties to make an application to de-notify the property from prohibited list, wherein relevant Para Nos.24 (4) and 29 reads as:

“24(4) The State Government either suo motu or on an application by any person or for giving effect to the final orders of the High Court of Andhra Pradesh or Supreme Court of India may proceed to de-notify, either in full or in part, the notification issued under sub- section (2).

29. It was further held that sub-section (4) of Section 22A of the Act provi

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