Andhra Pradesh High Court - Amravati
M/S. Cifal Herbal Pvt.Ltd., vs The State Of Andhra Pradesh on 22 June, 2022
Author: D.Ramesh
Bench: D.Ramesh
HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.9113 of 2022
O R D E R:
This writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondent nos.2 and 3 in not implementing the orders of the 4th respondent i.e. dated 16.12.2021 passed in R.Dis.No.E6/ 1802/2021 where under the 4th respondent directed the 2nd respondent herein to delete the subject land of the petitioner i.e. land in Sy.No.269-2B to an extent of Ac.1.55cents and land in Sy.No.269-3 to an extent of Ac.2.55cents situated at Chennur-II Village, Gudur Mandal, SPSR Nellore District from the prohibitory properties list maintained under Section 22(A)(i)(e)of Registration Act, 1908 by issuing letter dated 24.01.2022 vide letter no.61/1386/2022, though the said orders were implemented in the revenue records by the 6th respondent herein as illegal, arbitrary and consequently direct the 2nd and 3rd respondents to implement the orders dated 16.12.2021 passed in R.Dis.No.E6/1802/2021 passed by the 4th respondent by receiving, registering and releasing the document and without reference to Letter No.61/1386/2022 dated 24.01.2022.
2. Heard the learned counsel appearing on behalf of the petitioner and learned Government Pleader appearing for respondent-State.
3. The contention of the petitioner is that, the petitioner is the absolute owner and possessor of the land in survey no.269-2B to an extent of Ac.1.55cents and land in Sy.No.269-3 to an extent of Ac.2.55cents situated t Chennur-II Village, Gudur Mandal, SPSR 2 Nellore District, vide patta no.986 and the petitioner and his predecessors are in continuous possession of the land for more than 12 years. While that being the situation, in the diglot the said survey number there are dots and for the said reason the said lands were kept in prohibitory properties list in Sub Registrar Office, Gudur Nellore District. As such the petitioner made a representation to 4th respondent to recognize his land as patta land and delete it from dotted lands and also from prohibitory list. Basing on the said representation, the 4th respondent has conducted enquiry and recommended for deletion of the said lands from dotted lands and directed the 6th respondent to delete the lands of the petitioner from the dotted lands list with a further direction to the 2nd respondent to delete the land of the petitioner from the prohibitory properties list. Despite the receipt of the said orders, the 2nd respondent has passed the impugned orders with the following observations:
"As per the guidelines of the 1st reference cited, the State Government may be notified the properties falls under Section 22-A(1)(e) of Registration Act. Accordingly, the Government has notified the 22(1)(e) list through G.O.Ms.No.300 Revenue (Assn.I), Dept., dated 13.5.2016 pertains to Nellore Revenue District. Further any deletions or modifications to these lists under Section 220A(1)(e), the committee constituted by the Government through the G.O.Ms.No.300 Revenue (Assgn.I), Dept, dated 05.7.2016 shall be empowered to examine the relevant records and then pass a reasoned order either accepting or rejecting the grievance by eigher confirming/deleting/modifying any such property from the notified list of properties is final.
In this connection, I further submit that we may not delete prohibited properties under Section 22-A(i)(e) list which is notified by the Government of Andhra Pradesh without de- notification by competent authority."
4. Learned counsel for the petitioner has further submitted that subsequent to passing of the impugned orders, the Government once again considered the issue and issued memo 3 No.REV01-LANA0LAND(PM)/8/2020-LANDS-I dated 23.3.2022 wherein issued the following observations:
"After careful examination, Government hereby clarifies that cases for deletion from prohibitory lists, under any of the sections 22-A(1)(a) to (e), shall be dealt with and disposed by Collectors in terms of the A.P.Dotted Lands (Updation in Re- settlement Register) Act, 2017 without further reference to the CCLA or the Government. All pending cases at the level of the CCLA and Government shall be returned back to Collectors for disposal accordingly."
5. In view of the above observations in the said memo action for deletion of the lands from 22-A(1)(a) to (e) are delegated to the Collectors.
6. Hence in view of the above said memo, the 2nd respondent is directed to consider the issue once again and pass appropriate orders, within four (04) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.
7. Accordingly, the writ petition is disposed of. No costs.
Miscellaneous petitions pending if any, shall stand closed.
_____________________ JUSTICE D.RAMESH 22.6.2022 RD 4 HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.9113 of 2022 22.6.2022 RD