Andhra Pradesh High Court - Amravati
The vs Unknown on 10 March, 2022
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
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THE HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
Writ Petition No.6027 of 2022
ORDER:
The petitioner seeks a mandamus declaring the action of respondents, particularly 5 & 6, in not implementing the orders of 4th respondent vide proceedings in R.Dis.E8/842/2019 dated 05.02.2019 for deletion of petitioner's lands admeasuring Ac.6.86½ cents in Sy.No.453; Ac.7.94 cents in Sy.No.454; and Ac.5.36 cents in Sy.No.455 situated in Chinagopavaram Village, Kaluvoya Mandal, SPSR Nellore District from the list of prohibited properties under Section 22A of the Registration Act and not entertaining the document for registration as illegal and arbitrary and for a consequential direction to the registering authority to receive and register the documents presented by the petitioner in respect of the above said lands.
2. The petitioner' case succinctly is thus:
(a) The petitioner filed a requisition to 7th respondent through Meeseva in Form-III vide application No.APDL011700024188 dated 17.07.2017 to accept his claim for above lands of which he is in possession and enjoyment and requested for updating the Re-
settlement Register in respect of the said lands. The 7th respondent issued notice on 30.09.2017 and later he placed a proposal before the District Level Committee for updation of Resettlement Register in respect of the subject lands.
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(b) The District Level Committee / 4th respondent after enquiry issued the proceedings in R.Dis.E8/842/2019 dated 05.02.2019 and also ordered R7 to take necessary action to recognize the above said dotted lands as patta lands and incorporate the changes in the Resettlement Register / Diglot and other revenue records of the village maintained in respect of the said lands and also directed the 5th respondent / District Registrar, Nellore to delete the above said lands from the prohibited properties list maintained under Section 22A of the Registration Act, 1908.
(c) Thereafter, the respondent No.7 also addressed letter No.R.B.925/2020 dated 19.01.2021 to 5th respondent by duly informing about the orders of 4th respondent and requested to take necessary steps to delete the said lands from the prohibitory properties list. Still the respondents 5 & 6 did not take any steps for compliance of the same. The petitioner also approached the respondents 5 & 6 for deletion of the subject lands from the prohibited properties list, but of no avail.
Hence, the writ petition.
3. Heard Sri Roopesh Kumar Reddy, learned counsel for petitioner, and learned Assistant Government Pleader for Revenue representing the respondents 1 & 7, and learned Assistant Government Pleader for Registration & Stamps representing the respondents 2 to 6.
4. In similar circumstances, this Court, in W.P.No.29705/2021 3 passed an order dated 25.02.2022 directing the 6th respondent therein to delete the subject lands from the prohibitory list maintained under Section 22(A) of the Registration Act, 1908 and receive, register and release the documents submitted by the petitioner therein, if they are otherwise in order, within stipulated time.
5. In that view of the matter, this Writ Petition is disposed of in terms of the order of this Court in W.P.No.29705/2021 dated 25.02.2022. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 10.03.2022 Note: Registry is directed to enclose copy of the order in W.P.No.29705/2021 to this order (B/o) MVA/CHD