THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.16527 OF 2021

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 prohibitory lands list communicated by the respondent No.2 under Section 22-A(1)(a) of the Registration Act, 1908 in including the House Plot in an extant of 177 Sq.Yards in Sy.No. 140-3B, located at D.No.27-136, Rahamath Nagar, Punganur Town, Chittoor District, as an assigned land and the consequential action of the respondent No.3 in refusing to entertain the sale deed for registration of the same stating that the same is included in the prohibitory lands list communicated by the respondent No.2 as an assigned land as arbitrary, illegal, quite contrary to the provisions of the Registration Act, 1908 and the well established legal principles apart from being violative of the fundamental and Constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently, direct the respondent No.2 to entertain the Sale Deed for registration in so for as the House Plot in an extant of 177 Sq. Yards in Sy.No.140-3B, located at D.No.27-136, Rahamath Nagar, Punganur Town, Chittoor District, by setting aside the prohibitory lands list furnished by the respondent No.2 pertaining to the same and pass such other orders…"

2. The case of the petitioner is that he is the absolute owner and possessor of the House Plot in an extant of 177 Sq.Yards in Sy.No. 140-3B, located at D.No.27-136, Rahamath Nagar, Punganur Town, Chittoor District, having purchased the same under Registered Sale Deed dated 18.10.1993, vide Document No. 3021 of 1993 and constructed a house therein, after obtaining apoproval from the Punganur Town Municipality. The petitioner obtained electricity service connection and water connection to the subject house and residing herein. The petitioner intended to sell the subject property for his necessities and approached the 3rd respondent for issue of market value certificate, who refused to issue market value certificate and

register the document on the ground that the subject property is notified in the prohibited property list under Section 22-A of the Registration Act, 1908, though it is a private patta land. The petitioner approached the 2nd respondent with a request to denotify the house property from the prohibited property list, but the 2nd respondent has not taken steps so far to denotify the subject property, which is illegal and arbitrary. Thereby the inaction of the 2nd respondent is illegal and arbitrary and same is questioned in this writ petition and petitioner is requested to issue a direction as stated supra.

3. During hearing learned counsel for the petitioner reiterated the contentions urged in the writ petition.

4. As it can be seen from the record that the subject property was purchased by the petitioner from his respective vendor, despite it, the property is included in the Prohibited Property list notified under Section 22-A of the Registration Act, 1908, as if it is assigned land and transfer of it is prohibited under A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. In view of the inclusion of the land in the Prohibited Property Register under Section 22-A of the Act, the petitioner made application/representation for deleting the property from Prohibited Property Register published under Section 22-A of the Act, but no action was taken so far by the 2nd respondent. Hence, the inaction of the respondents is now questioned claiming the reliefs as stated above.

5. Learned Government Pleader for Stamps and Registration categorically submitted that unless an application is made through Mee-seva as per rules, the same cannot be considered by the competent authority i.e., District Collector under Section 22-A of the

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Act for deletion of such properties from the Prohibited Property List, in the absence of any such application, complying necessary formalities, like payment of fee for such deletion etc., Hence, the inaction of 2nd respondent/District Collector cannot be declared as illegal and arbitrary, as the 2nd respondent/District Collector is not under obligation to attend to such application/representation as they are not in compliance with the rules framed under the Act and requested to dismiss the Writ Petition.

6. As seen from the record, undoubtedly, the property was purchased by the petitioner and his name was mutated in the Muncipal records. Photostat copy of sale deed executed by the petitioner's vendor is also placed on record. Therefore, the petitioner became the owner of the property and the legality of purchase on the ground that it was an assigned land cannot be decided in view of the limited jurisdiction of this Court. But the prayer discloses that the reason for inclusion of the property in Prohibited Property Register published under Section 22-A of the Act is that it was an assigned land and transfer of it is prohibited under the provisions of A.P. Assigned Lands (Prohibition of Transfer) Act, 1977 (Act 9 of 1977). However, when the application of the petitioner itself is not in accordance with the rules, the 2nd respondent/District Collector is not under obligation to pass any order. Hence, the inaction of the respondents cannot be declared as illegal and arbitrary.

7. However, liberty is given to the petitioners to make appropriate application through Mee-seva by paying the requisite fee for attending the application as per the rules framed under the Act and on filing such application through Mee-seva, the 2nd respondent/District Collector is under obligation to consider such application and pass appropriate order in accordance with law.

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Therefore, I find no ground to issue such positive direction as sought for. However, liberty is granted to the petitioner to make appropriate application through Mee-seva on payment of requisite fee on such application for deletion of the property in dispute from the Prohibited Property Register published under Section 22-A of the Registration Act.

8. In the result, Writ Petition is disposed of, granting liberty to the petitioners to submit appropriate application through Mee-seva on payment requisite fee for deletion of property from the Prohibited Property Register published under Section 22-A of the Registration Act, 1908 subject to permissibility under the Act. There shall be no order as to costs.

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

JUSTICE M. SATYANARAYANA MURTHY

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Date: 10.08.2021 KK

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.16527 OF 2021

Date: 10.08.2021

KK