Andhra Pradesh High Court - Amravati
Pasupuleti Giri Babu vs The State Of Andhra Pradesh, on 8 March, 2021
Author: M. Ganga Rao
Bench: M. Ganga Rao
THE HON'BLE SRI JUSTICE M. GANGA RAO
Writ Petition No.5498 of 2021
ORDER:
This writ petition is filed questioning the inaction of the respondents in deleting the petitioner's lands to an extent of Ac.3.50 cents in Sy.No.2108/3 of Divipalem Gram Panchayat, Gudur, SPSR Nellore District from the prohibited property list under Section 22-A of the Registration Act, ignoring the fact that the land was originally granted to a freedom fighter namely Kathula Ponnu Swamy in the year 1986, as arbitrary, illegal and violative of provisions of the Registration Act and the Rules made thereunder and consequently direct the respondents 3 & 4 to entertain the documents for registration in respect of the said land.
Heard learned counsel for the petitioner and learned Assistant Government Pleaders for Revenue and Registration & Stamps appearing for the respondents.
The case of the petitioner is that originally land to an extent of Ac.3.50 cents in Survey No.2108/3 of Divipalem Gram Panchayat, Gudur, SPSR Nellore District, was allotted to one Kathula Ponnu Swamy under freedom fighter's quota, in the year 1986. After demise of Ponnu Swamy, the land devolved upon his son - Kathula Mohan Rao and others. They sold the land to Kavuturi Sudarshanamma and Kavuturi Vinnela, under registered sale deed dated 21.11.2009. The petitioner entered into an agreement of sale with Kavuturi Sudarshanamma and Kavuturi Vinnela, for sale of the above land. When they failed to execute registered sale deed, petitioner filed OS.No.37 of 2013 on the file of the Senior Civil Judge's Court, Gudur, Nellore District, for specific performance of the agreement of sale dated 11.03.2011. The suit was decreed on 15.04.2019. The petitioner filed E.P.No.35 of 2019. As the above persons failed to execute registered sale deed, Court executed the sale deed on behalf of the above persons and had sent the sale deed to the 4th respondent for registration of the same. The 2 MGR, J WP.No.5498 _2021 4th respondent vide letter dated 04.02.2021 informed the executing Court that the land is shown in the prohibited property list under Section 22-A of the Registration Act, in the year 2018, as per the orders of the 2nd respondent. Hence, this writ petition came to be filed.
Learned counsel for the petitioner submits that, admittedly, the subject land was assigned in favour of one Kathuna Ponnu Swamy in the year 1986 under freedom fighter's quota. Thereafter, the land devolved on the son of the original assignee from whom the petitioner's vendors purchased the land under a registered sale deed dated 21.11.2009. The petitioner entered into an agreement of sale with the vendors and eventually a sale deed was registered on behalf of the vendors by the Court and when the same was forwarded to the 4th respondent for registration, the 4th respondent by letter dated 04.02.2021 informed the executing that the subject land is shown in the prohibited property list in the year 2018 as per the orders of the 2nd respondent. The letter of the 2nd respondent dated 31.05.2018 by which the property was included in the prohibited property list discloses that till 2018 the subject land was not shown in the prohibited property list. As on the date of filing of the suit in the year 2013, the subject land is free from any prohibition of registration. The Government also issued G.O.Ms.No.279, Revenue (Assn.I) Department, dated 04.07.2016, stating that the procedure of issuing NOC is dispensed with and there is no need for obtaining NOC in all cases of assignments made to ex-servicemen and freedom fighters/political sufferers in which a period of ten years has expired. It was also stated in the said G.O that 'all such cases without dispute shall be deleted from the prohibitory list under Section 22-A of Registration Act and furnished to the Registration Department'. Therefore, as admittedly there is no dispute with regard to the subject land, the 2nd respondent is under obligation to delete the same 3 MGR, J WP.No.5498 _2021 from the prohibited property list under Section 22-A of the Registration Act and communicate the same to the registration department.
Having regard to the facts and circumstances of the case, submissions of the learned counsel and the Government Orders referred above, this Court, in the interests of justice felt it appropriate to dispose of the writ petition.
Accordingly, the Writ Petition is disposed of directing the 2nd respondent to take steps for deletion of the subject land to an extent of Ac.3.50 cents in Sy.No.2108/3 of Divipalem Gram Panchayat, Gudur, SPSR Nellore District, from the prohibited property list maintained under Section 22-A of the Registration Act, in terms of G.O.Ms.No.279, dated 04.07.2016, within a period of four weeks from the date of receipt of a copy of this order and communicate the same to the respondents 3 & 4. On such deletion, the 4th respondent is directed to receive the sale deed presented by the petitioner, through Court, in respect of the subject land, register it if it is otherwise in accordance with the provisions of the Registration Act and the Rules made thereunder and release the same in accordance with law. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
________________ M. GANGA RAO, J 08.03.2021 Vjl