Andhra Pradesh High Court - Amravati
N Venkataramana vs The State Of Ap on 8 February, 2021
Author: M.Ganga Rao
Bench: M.Ganga Rao
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF FEBRUARY, TWO THOUSAND AND TWENTY ONE ~ : PRESENT: THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION NO: 2530 OF 2021 Between: N.Venkataramana, S/o. Late N. Gangaiah. ...Petitioner AND 4. The State of Andhra Pradesh, rep. by its Pri. Secretary, Revenue (Stamps and Registration) Department, Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2 The Director of Town and Country Planning, Government of Andhra Pradesh, M.G.M. Capital, D.No.241, NH.16, Near NRI Hospital Fly-Over, Beside Little Village Restaurant, Chinnakakani, Mangalagiri Mandal, Guntur Dist- 522 508. 3 The Director General and Inspector General of Stamps and Registration, lbrahimpatnam, Vijayawada, Krishna District. The District Collector, Chittoor, Chittoor District. The District Registrar, Chittoor, Chittoor District. The Sub Registrar, S.R.O. Office, Piler, Chittoor District. The Tahsildar, Piler Mandal Revenue Office, Piler, Chittoor District. ...Respondents
NOaS WHEREAS the Petitioner above named through his Advocate Sri N Subba Rao presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing L.RfRoc.No.17/37/2019 PLG, dated 20-2-2020, to stop the registration the land belongs to petitioner in Sy.No.813 of ~ Mudupulavemula Village of Piler Mandal, Chittoor District to extent of 8.88 cents owned by the petitioner as illegal and contrary L. purport of Section 22-A of Registration Act and also in contravention of LR.Roc.No.17/37/2019/PLG, dated 20-2-2020 as illegal and consequently direct the respondents to delete the land belongs to the petitioner situated in Sy.No.813 of Mudupulavemula village of Piler Mandal, Chittoor District to an extent of 8.88 cents from purview of the LR Roc.No.17/37/2019/PLG, dated 20-2-2020.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri N Subba Rao, Advocate for the Petitioner, GP for Stamps and Registration for Respondent No. 1,3, 5 & 6, GP for Municipal Administration & Urban Development for Respondent No.2 and of GP for Revenue for Respondent No.4 & 6, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
4. The Pri. Secretary, Revenue (Stamps and Registration) Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur Dist.
2. The Director of Town and Country Planning, Government jof Andhra Pradesh, M.G.M. Capital, D.No.241, NH.16, Near NRI Hospital FI Over, Beside Little Village Restaurant, Chinnakakani, Mangalagiri Mandal, Guntur Dist- 522 508.
3. The Director General and Inspector General of Stamps and Registration, Ibrahimpatnam, Vijayawada, Krishna District.
The District Collector, Chittoor, Chittoor District.
The District Registrar, Chittoor, Chittoor District.
The Sub Registrar, S.R.O. Office, Piler, Chittoor District.
The Tahsildar, Piler Mandal Revenue Office, Piler, Chittoor District.
Nook are directed to show cause either appearing in person or through an Advocate, on or before 08-03-2021 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
1A NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the Lr.Roc.No.17/37/2019/PLG, dated 20-2-2020 in respect of Sy.No.813 of Mudupulavemula Village of Piler Mandal, Chittoor District to an extent of 8.88 cents, owned by the petitioner, pending disposal of WP No.2530 of 2021, on the file of the High Court.
The Court made the following: ORDER "Notice before admission.
Heard both sides.
Learned Assistant Government Pleader for Registration and Stamps takes notice for the respondents 1, 3, 5and6.
Learned Government Pleader for Revenue takes notice for the respondents 4 and 7.
Learned Government Pleader for Municipalities takes notice for the 2nd respondent and seeks time to get instructions.
By the impugned order the 2nd respondent is initiating steps to include unapproved plots and buildings in the prohibited property list and till the said exercise is completed, the registering authorities are directed not to entertain registrations in respect of the list of unauthorised layouts identified by ULBs/UDAs enclosed thereby except constructed shall not brought into notice.
As per Section 22-A of the Registration Act, the District Collector concerned is required to furnish the description of properties, required to prohibit for registration. The impugned order of the respondent No.2 is beyond its competence. As such the impugned order of the 2nd respondent in respect of the petitioner's land in Sy.No.813 of Mudupulavaemula Village, Piler Mandal, Chittoor District is illegal, arbitrary and contrary to the provisions of the Registration Act and order passed in W.P.No.3431 of 2019 and batch dated 06.06.2019 Having regard to the facts and circumstances of the case and submissions of the counsel, there shall be interim suspension of the proceedings in RC.No.17/37/2019/PLG, dated 20.02.2020 passed by the 2nd respondent.
Post on 08.03.2021." ~ eee Sd/-K.TataRao Assist) REGISTRAR _ SECTION OFFICER To, Lathan nthe
4. The Pri. Secretary, Revenue (Stamps and Registration) Department, State of ITRUE COPY// Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur Dist.
9 The Director of Town and Country Planning, Government of Andhra Pradesh, M.G.M. Capital, D.No.241, NH.16, Near NRI Hospital Fly-Over, Beside Little Village Restaurant, Chinnakakani, Mangalagiri Mandal, Guntur Dist- 522 508.
3. The Director General and Inspector General of Stamps and Registration, lbrahimpatnam, Vijayawada, Krishna District.
The District Collector, Chittoor, Chittoor District.
The District Registrar, Chittoor, Chittoor District.
The Sub Registrar, S.R.O. Office, Piler, Chittoor District.
The Tahsildar, Piler Mandal Revenue Office, Piler, Chittoor District.(1 to 7 by RPAD- along with a copy of petition and affidavit)
8. One CC to Sri N Subba Rao, Advocate [OPUC]
9. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh. [OUT]
40. Two CCs to GP for Municipal Administration & Urban Development, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
12.One spare copy SP N Oa se / HIGH COURT ff MGRJ DATED: 08/02/2021 POST ON 08.03.2021 NOTICE BEFORE ADMISSION WP.No.2530 of 2021 INTERIM SUSPENSION a Bt Me Bae