Andhra Pradesh High Court - Amravati
Alavala Ramanjneyulu vs State Of Ap on 25 February, 2021
Author: M.Ganga Rao
Bench: M.Ganga Rao
THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No. 4631 OF 2021
ORDER:
The petitioner filed this writ petition seeking a writ of Mandamus declaring the action of the 2nd respondent in notifying the land to an extent of Ac.3.49 cents situated in Sy.No.602/C of Gooty Village & Mandal, Anantapur District in the prohibited property list under Section 22-A of the Registration Act, 1908 (for short 'the Act'), as illegal and arbitrary.
2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents.
3. The case of the petitioner is that one A.Manjunath and five others had purchased the land to an extent of Ac.3.49 cents situated in Sy.No.602-C of Gooty Village and Mandal, Anantapuramu District through a registered Sale deed bearing Document No.2411 of 2009 dated 14.10.2009 for a valid sale consideration. The petitioner is the GPA holder of the said A.Manjunath. The name of their vendor was entered into the 10(1) register for Kulam No.280 of Gooty village fields and he was also issued pattadar passbook showing the subject land, and he had also paid non-agriculture assessment for Kulam No.280 for the Fasalies 1371 and 1375 to 1382 and also in the year 1992. But, the subject land was wrongly notified under the prohibited property list maintained 2 under Section 22-A of the Act. Hence, the petitioner made an online application No.TTA012000056755 on 15.09.2020 seeking deletion of the subject property with reference to Khata No.20000103 from the prohibited property list maintained under Section 22-A(1)(a) of the Act. But, no action has been taken by the respondents so far. Assailing the said inaction of the respondents, the present writ petition is filed.
4. Learned counsel for the petitioner submits that the subject land was wrongly entered in the prohibited property list maintained under Section 22-A of the Act and the same shall be deleted as it is a mistaken entry in the list. The petitioner along with five others, who purchased the subject land, are in lawful possession of the said land by way of purchase under registered sale deed vide Document No.2411 of 2009 dated 14.10.2009. When the petitioner made an application under Right to Information Act to furnish the details of the subject land, the 4th respondent has given an endorsement to the effect that no records are available in their office.
5. Learned Assistant Government Pleader appearing for the respondents, on instructions, submits that the subject land is a Banjar (unfertile) land and the same has been in contiguous possession as per diglot and record of rights. 3
6. Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel and on perusal of the record, this Court, in the interest of justice, felt it appropriate to dispose of the writ petition directing the respondents 2 to 4 to consider the application dated 15.09.2020 submitted by the petitioner objectively in its proper perspective in conformity with relevant provisions of law, within a period of six (6) weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioner.
7. Accordingly, the Writ Petition is disposed of. No order as to costs.
8. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.
_________________________ JUSTICE M.GANGA RAO 25th February, 2021 anr 4 THE HON'BLE SRI JUSTICE M.GANGA RAO Writ Petition No. 4631 of 2021 25-02-2021 anr