THE HONOURABLE SRI JUSTICE G.SHYAM PRASAD WRIT PETITION No. 6868 of 2020

ORDER :

This is a Writ of Mandamus filed under Article 226 of the Constitution of India seeking the following reliefs:

a) to declare the action of the respondents in not applying G.O.Ms.No.575 Revenue (Assignment), dated 16.11.2018, issued by the Government of Andhra Pradesh in respect of the land to an extent of Ac.0.92 cents in Survey No.402/6 of Dinnedevarapadu Village, Kurnool District, as illegal.

b) to direct the respondents to delete the land to an extent of Ac.0.92 cents in Survey No.402/6 of Dinnedevarapadu Village, Kurnool District from the list of prohibited properties of Kurnool District under Section 22 A of the Registration Act; and

c) to direct the 4th respondent to register the sale deeds, dated 17.11.2017, executed by Mallepogu Chinna Nagaraju, Masapogu Nagaseshulu and Masti Ayyamma in favour of the petitioner in respect of the land to an extent of Ac.0.92 cents in Survey No.402/6 of Dinnedevarapadu, Kurnool District.

The brief facts of the case are that the petitioner purchased the land to an extent of Ac.0.92 cents in Survey No.402/6 of Dinnedevarapadu Village, Kurnool, from Mallepogu Chinna Nagaraju and others, who were absolute owners of the said property having inherited from Sunkanna. The father of Sunkanna, Munagalapati Venkatagadu, was assigned the said land in the year 1932 and it is reflected in Register of Holding maintained by fourth respondent. The revenue authorities have also issued pattadar passbook and title

deeds to the vendor in respect of the said land and the vendor name is also recorded in IB register.

On the application, dated 17.11.2017, of the petitioner, the fourth respondent rejected to register the sale deed for an extent of Ac.0.92 cents in Survey No.402/6 on the ground that the land to an extent of Ac.0.92 cents in Survey No.402/6 was a dotted land and on that ground the revenue authorities have included the above said lands in the list of prohibited lands prepared under Section 22 of Registration Act and communicated to the Registration authority at Sl.No.11748 of the list. As per G.O.Ms.No.575 Revenue (Assignment), dated 16.11.2018, the lands which were assigned prior to 18.06.1954 ought to have been deleted from the purview of Section 22 A of Registration Act as there was no condition of nonalienation of assigned lands prior to 18.06.1954 and that such a condition of non-alienation was stipulated first time as per G.O.Ms.No.1142 of the Revenue Department, dated 18.06.1954. The land in Survey No.402/6 of Dinnedevarapadu Village was assigned on 13.07.1932 long prior to the issue of G.O.Ms.No.1142, the land in Survey No.402/6 of Dinnedevarapadu cannot be included in the list of prohibited lands under Section 22 A of Registration Act.
Further case of the petitioner is that the respondents issued proceedings in R.Dis.No.E2/1432/2018 and R.Dis.No.E2(DL)/2864/2018 on 18.05.2018 deleting the lands in Survey No.401/1 and 402/2 of Dinnedevarapadu village and also issued proceedings in R.Dis.No.E2/1503/2018 deleting the lands in Survey Nos.402/1, 402/3, 403/1, 403/3, 407 of Dinnedevarapadu Village from the list of prohibited properties. Thereafter, the petitioner got issued legal notice on 20.03.2019 but there was no

response from the respondents 2 and 3. Hence, the present Writ Petition is filed seeking the reliefs stated above.

Learned Government Pleader for Revenue appearing for the respondents has filed counter. In para 6 of the counter, it is stated as under:

"Finally, I herewith submit that, the proposals will be submitted to the Collector, Kurnool, in accordance to G.O.Ms.No.575 Revenue (Assignment-I) Department, dated 16.11.2018 and Section 6(1) of the Andhra Pradesh Dotted Lands (Updation in Res-Settlement Register) Act, 2017 for removal of the land in Sy.No.402/6 Ext. 0.92 Acs., of Dinnedevarapadu Village of Kurnool Mandal from the prohibited list of Registration of properties issued vide G.O.Ms.No.416 Revenue (Assignment.I) Department, dated 27.09.2019, at Serial No.11748."

In the light of the submissions made by both the learned counsel and in view of the submission made in the counter at para 6, the 3rd respondent is going to send the proposal to the Collector, Kurnool in accordance with G.O.Ms.No.575, Revenue (Assignment), dated 16.11.2018, for removal of the land to an extent of Ac.0.92 cents in Survey No.402/6 of Dinnedevarapadu Village of Kurnool District from the list of prohibited properties vide G.O.Ms.No.416, Revenue (Assignment.I) Department, dated 27.09.2019.
Considering the same, the respondents 2 and 3 are hereby directed to expedite the process of sending proposals to the Collector, Kurnool, in accordance with G.O.Ms.No.575, Revenue (Assignment-I)Department, dated 16.11.2018, for removal of the land to an extent of Ac.0.92 cents in Survey No.402/6 of Dinnedevarapadu Village of

Kurnool District from the list of prohibited properties vide G.O.Ms.No.416 Revenue (Assignment.I) Department, dated 27.09.2019, and after obtaining the clearance from the Revenue Department, the fourth respondent shall consider the documents for registration in accordance with law within two (2) months thereafter.

With these directions, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous applications, if any, shall stand closed.

JUSTICE G.SHYAM PRASAD

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Date : 29.05.2020 SPR