Andhra Pradesh High Court - Amravati
Gorthi Rajeswari vs The State Of A.P. on 3 August, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15303 OF 2021
ORDER:
This petition under Article 226 of the Constitution of India is filed, seeking the following relief:-
".....to issue a writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction on the part of the 2nd respondent in deleting the land admeasuring Ac.14.00 cents in Sy.No.402-2B situated at Chigicherla Village, Dharmavaram Mandal ,Anantapuram District from the prohibitory list by considering the application of the petitioner dated 21.09.2018 submitted through AP Online Meeseva vide Transaction ID.TAAPDL011800152663 and Application No.APDL011800152663 as illegal, Arbitrary and violation of Article 300A of the constitution of India and consequently direct the 2nd respondent to consider the application of the petitioner filed through AP Online Meeseva vide Transaction ID.TAAPDL011800152663 and Application No.APDL011800152663 dated 21.09.2018 and delete the petitioner land admeasuring Ac.14.00 cents in Sy No.402-2B situated at Chigicherla Village, Dharmavaram Mandal, Anantapuram District from the prohibitory list and pass such other order or orders..."
The case of petitioner in brief is that originally the land in question and other land mentioned in the family partition deed belongs to one Gorthi Venkatappa who is the father-in-law of the petitioner. He died on 25.03.2014. After his demise, the land stands in the name of late Gorthi Venkatappa and was cultivated by the petitioner, her husband and her son. On 03.05.2016 a partition was taken place among family members. Accordingly, the land in question fell to the share of the petitioner. Thereafter, an application was made to the 4th respondent-Tahsildar to mutate the name of the petitioner in the revenue records. The 4th respondent recognized her possession and enjoyment and mutated her name in the revenue records, issued pattadar pass book, title deed, ROR and agangal etc. 2 After knowing the same, the petitioner made an application to the 2nd respondent on 21.09.2018 through AP Online Mee Seva vide Transaction ID.TAAPDL011800152663 and Application No.APDL011800152663 with all enclosures with a request to delete the land possessed by her from the prohibitory list. But the 2nd respondent has not passed any orders till date, which is illegal and arbitrary.
Heard, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.
The grievance of the petitioner is that the 2nd respondent is not passing appropriate orders on Mee Seva application vide Transaction ID.TAAPDL011800152663 and Application No.APDL011800152663, submitted by the petitioner for deletion of his land in an extent of Ac.14.00 cents situated at Chingicherla Village, Dharmavaram Mandal, Anantapuram District from the Register of Prohibited Property published under Section 22-A of the Registration Act, 1908.
Learned counsel for the petitioner would submit that the inaction on the part of 2nd respondent in considering the application submitted by the petitioner through Mee Seva for deletion of his land from the Register of Prohibited Property notified under Section 22-A of the Registration Act, 1908 is illegal and arbitrary and suffice it to issue a direction to the respondent authorities to consider the application submitted by the petitioner.
In view of the facts and circumstances of the case, submissions of the learned counsel for the petitioner, learned Assistant Government Pleader for Stamps and Registration and on 3 perusal of the material on record, this Court felt that it would be suffice to issue direction to the 2nd respondent to dispose of the applications of petitioners submitted through Mee Seva.
In the result, the Writ Petition is disposed of directing the 2nd respondent to pass appropriate order on the application submitted by petitioner through Mee Seva for deletion of his land from the Register of Prohibited Property notified under Section 22-A of the Registration Act, 1908, as expeditiously as possible, in any event not later than one month. There shall be no order as to costs.
As a sequel, pending miscellaneous applications, if any, shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date: 03.08.2021 VSL 4 THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO.15303 OF 2021 Date: 03.08.2021 VSL