IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

THE HON'BLE SRI JUSTICE B KRISHNA MOHAN MONDAY, THE 08th DAY OF MAY, TWO THOUSAND AND TWENTY THREE

WRIT PETITION No.11132 of 2022

Between:

C. V. Ramanappa S/o. C. Venganna, Aged about 88 years, R/o. Kammapalyam, Kottachervu Village & Mandal, Satya Sai District and 3 others.

….Petitioners

And

The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District and 4 others.

….Respondents

ORDER:

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the Revenue for the respondents.

2. The grievance of the writ petitioners is that the respondent-authorities without conducting any enquiry and without giving any opportunity to the petitioners, placed the subject land in an extent of Ac. 2.59 cents in Sy.No. 194/6 and Ac. 2.72 cents in Sy.No. 194/5 of Kappalabanda Village, Puttaparthy Mandal, Satya Sai District in the prohibited list under Section 22A of the Registration Act, 1908.

3. The learned counsel for the petitioners submits that the 1st petitioner is an Ex-service man worked in Indian Air Force and the petitioner nos. 2 to 4 are the wife and daughters of the 1st petitioner respectively. The 1st petitioner addressed a letter to the 4th petitioner seeking deletion of the land from the prohibited list under Section 22A of the Registration Act, 1908. But the same was not acted upon. The 1st petitioner also gave representation to the 2nd respondent on 11.04.2022 for deletion of the subject property from the prohibited list under section 22A of the Registration Act, 1908 but there was no action on it. From the proceedings of the 2nd respondent dated 07.11.2008 addressed to the 5th respondent, it is very clear that the subject land has been assigned in favour of the 1st petitioner vide Tahasildar's DAR Dis file bearing No. 18/83 dated 13.09.1973 and it has been there for the last more than ten (10) years from the date of assignment of the said land and as such, he can sell away the said land as per G.O. 1117 Revenue (Assgn-I) Department dated 11.11.1993. Thus, the 5th respondent was informed that the subject land in an extent of Ac. 2.72 cents and Ac. 2.59 cents in Sy.Nos. 194/5 and 194/6 respectively of Kappalabanda Village, Puttaparthy Mandal assigned in favour of the petitioner may be registered. Thereafter, the 1st petitioner also alienated the subject land in favour of the other petitioners i.e., in favour of the wife and the 1st daughter. At that time also, there was no prohibition to register those documents. But suddenly, under the proceedings of the 5th respondent dated 03.11.2021, the said property is found in the prohibited property register and as such the respondent-authorities have not allowed for further alienation. Under the above said legal transactions it is evident that it is a clear land and it cannot be placed under the prohibited list.

4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that the petitioners can make fresh application to the 2nd respondent and if so, the 2nd respondent will act upon the same by following the due procedure.

5. In view of the above said facts and circumstances, the petitioners are permitted to make fresh application through online to the 2nd respondent for deletion of the subject property from the prohibited list by enclosing all the necessary documents within a period of three (3) weeks from the date of receipt of this order. On receipt of such application along with all the necessary documents from the petitioners, the 2nd respondent is directed to consider and dispose of the same strictly in accordance with law as expeditiously as possible preferably within a period of four (4) months thereafter. After hearing all the parties concerned including the petitioner and upon verification of the records and the subject land, appropriate decision shall be taken on the application of the petitioners strictly on it's own merits.

6. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

_______________________________ JUSTICE B KRISHNA MOHAN

08.05.2023 UPS