Andhra Pradesh High Court - Amravati
South Andhra Lutheran Church vs The State Of Andhra Pradesh on 20 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.12416 of 2024
South Andhra Lutheran Church, Rep. by its
Chairman Vemu Dinakar Babu, S/o Vemu
Paramanandham, aged about 61 years, R/o C/2-
17, Lutharan Church, Church Compound,
Vakadu, Tirupathi District.
... Petitioner
Versus
The State of Andhra Pradesh, Rep. by its
Principal Secretary, Revenue Department, Rep.
by its Prl. Secretary, Secretariat Buildings,
Velagapudi, Amaravathi, Guntur District and three
others.
... Respondents
Counsel for the petitioners : Sri P. Gangarami Reddy
Counsel for respondents : GP for Revenue
:: ORDER ::
This writ petition is filed to declare the action of respondent No.2 in including the land in survey No.309 of Vinnamala Village, Naidupeta Mandal in the list of prohibited properties and not also considering the petitioner's application No.TTA012400119321 dated 01.04.2024, as illegal and arbitrary.
2. Heard Smt. G. Sree Deepthi, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for respondent Nos.1 to 4.
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SRSJ WP No.12416 of 2024
3. Learned counsel for the petitioner would submit that the petitioner is a Church registered under the provisions of the Societies Registration Act XXI of 1860, vide Regd. No.6/1954 dated 15.07.1954. She would submit that the petitioner got immovable properties transferred from American Lutheran Church pursuant to the orders, dated 30.12.1974 in O.P.No.82/74. An extent of Ac.7-30 cents of land at Vinnamala Village, Naidupeta Mandal is one of the patta lands of the petitioner.
4. Learned counsel would submit that out of the said land petitioner sold two bits of house sites and when the documents were presented for registration, the Sub-Registrar, Naidupet returned the same with an endorsement that land covered by the documents is included in the list of prohibited properties under Section 22-A of the Registration Act, 1908 (for short 'the Act'). Therefore, petitioner made aforementioned application, seeking deletion of the said property from the list of prohibited properties. However, the same was not considered.
5. Learned Assistant Government Pleader for Revenue, on instructions of Tahsildar, Naidupeta Mandal, signed on 20.06.2024, would submit that the application filed by the petitioner to delete the subject land from the list of prohibited Page 3 of 4 SRSJ WP No.12416 of 2024 properties under Section 22-A of the Act, was rejected in online portal, as the applicant did not produce proper documents. However, detailed enquiry regarding the subject matter will be conducted again and further action will be taken.
6. When the Court posed a question about communication of rejection order to the petitioner, learned Assistant Government Pleader fairly submitted that no order was communicated.
7. Given in the facts and circumstances of the case coupled with the instructions, this writ petition is disposed of at the admission stage, with the consent of both the counsel, directing respondent No.2 to conduct enquiry (as indicated in the instructions) in respect of land mentioned in application No.TTA012400119321 dated 01.04.2024 and pass appropriate order, strictly in accordance with law, and communicate the same to the petitioner, as expeditiously as possible, preferably within a period of eight weeks from the date of receipt of copy of the order. No costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI Date : 20.06.2024 ikn Page 4 of 4 SRSJ WP No.12416 of 2024 75 IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.12416 of 2024 Date : 20.06.2024 ikn