Andhra Pradesh High Court - Amravati
Yenamandra Lakshmi Narasamma, vs State Of Andhra Pradesh, on 28 February, 2022
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No.5093 of 2022
ORDER:
The petitioner seeks Writ of Mandamus declaring the action of the respondents in including the Survey No.71 of Paradesipalem village, Visakhapatnam Rural Mandal in the list of prohibited properties as arbitrary and un-constitutional and consequently direct the respondents to delete the said Survey No.71 from the list of prohibited properties under Section 22-A of the Registration Act, 1908 and pass such orders.
2. The petitioner case briefly is thus:
(a) The petitioner purchased Plot No.29 measuring 200 Sq.Yards each in Survey No.71/2B and 71/2C of Paradesipalem Revenue village, Visakhapatnam Rural Mandal, Visakhapatnam District from one Pemmeraju Naga Raju vide sale deed No.2902 of 2002 registered at Sub-Registrar's office, Madhurawada. The said Plot No.29 was regularized by the Visakhapatnam Urban Development Authority (for short VUDA) in proceedings Rc.No.6932/08/L.2 dated 28.11.2011.
(b) The petitioner's vendor namely Dr. Rachakonda Jagannadha Rao had purchased Ac.4.31 cents of dry land in patta No.272, survey No.71/2B and 71/2C situated at Paradesipalem village, Visakhapatnam district and the said vendor obtained the same about 30 years back from vijayanagaram estate.
(c) The petitioner's vendor obtained approval of lay-out in Survey No.71/2 for an extent of Ac.4.31 cents of Paradesipalem village from 2 the VUDA vide proceedings Rc.No.29/96-G.3, dated 08.12.1999 whereby VUDA had approved the proposed lay-out and released the lay-out plan bearing No.16/99 duly authenticated.
(d) The petitioner's vendor converted the said land into Non- Agricultural land and carved out 57 plots out of Ac.4.31 cents and the petitioner has purchased plot No. 29. The petitioner intends to dispose of the plot 29 from the lay-out made in Survey No.71/2B and 71/2C of Paradesipalem Revenue village. However, the Sub-Registrar, Madhurawada has objected to register the document on the plea that Survey No.71 of Paradesipalem Revenue Village, Visakhapatnam Rural Mandal was in the prohibited properties list dated 19.09.2017. It is submitted that land in Survey Nos.71/2B and 71/2C of Paradesipalem were not included in the prohibited properties list, since no fresh notification was issued subsequent to the notification dated 19.09.2017.
(e) The petitioner made an application No.TTA012100079496 dated 06.12.2021 through Mee-Seva to the 2nd respondent requesting him to delete the Survey No.71 admeasuring 5 acres of Paradesipalem village, Visakhapatnam (Rural) Mandal from the list of prohibited properties but so far no action has been taken by the 2nd respondent. Hence the Writ Petition.
3. Heard Sri Amara Rama Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
4. Having regard to the fact that the petitioner's application submitted through online portal is pending for consideration, it is 3 apposite to give a direction to the 2nd respondent to consider the same and pass an appropriate order after conducting due enquiry.
5. Accordingly, the Writ Petition is disposed of directing the 2nd respondent to consider the application No. TTA012100079496 dated 06.12.2021 and after conducting due enquiry by affording notice to all concerned, pass an appropriate order in accordance with governing law and rules expeditiously but not later than six (06) weeks from the date of receipt of copy of this order and communicate the same to the petitioner. No costs.
As a sequel, interlocutory applications pending, if any, shall stand closed.
________________________ U.DURGA PRASAD RAO, J 28.02.2022 SSP