Andhra Pradesh High Court - Amravati
Vankayalapati Padmavathi vs State Of Andhra Pradesh on 31 October, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION NO.34969 of 2022
Between:-
Vankayalapati Padmavathi .... Petitioner
And
State of Andhra Pradesh,
represented by its Principal Secretary,
Revenue Department, Secretariat,
Velagapudi, Amaravathi & 5 others. .... Respondents
Counsel for the Petitioner : Mr.Balaji Medamalli
Counsel for the Respondents : Learned Government Pleader for
Revenue
ORDER:
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:-
"........ to issue a Writ of Mandamus, declaring the action of Respondents
(a) in including petitioner's property in an extent of Ac.4.40 cents in Sy.No.1428/1A (Ac.0.41 cents); Sy.No.1428/1B (Ac.0.42 cents);
Sy.No.1428/2C (Ac.1.80 ½ cents); Sy.No.1428/28 (Ac 0 73cents); 1428/2A (Ac.0.03 ½ cents and 1441/1 (Ac.1.00cents) of Swarna Revenue Village, Karamchedu Mandal, Bapatla District in the list of prohibited properties under Section 22-A of Registration Act, 1908; (b) in deleting the name of the petitioner from 1-B register; Adangal and web land registers in respect land in an extent of Ac.4.40 cents in Sy.No.1428/1A (Ac.0.41 cents); Sy.No.1428/1B; Ac.0.42 cents in Sy.No.1428/2C (Ac.1.80 ½ cents); Sy.No.1428/2B (Ac.0.73 cents); 1428/2A (Ac.0.03 ½ cents and Sy.No.1441/1 (Ac.1.00 cents) of Swarna Revenue Village, Karamchedu 2 Mandal, Bapatla District and treating as DKT land; (c) in not considering the application filed by the petitioner dated 17.09.2022 for modification by the list of prohibited properties by deleting the subject land from the list; and (d) in not receiving, registering and releasing the deeds of conveyance for the above said land by the 6th respondent, as highly arbitrary, illegal, null and void and contrary to G.O.Ms.No.575, Revenue (Assignment-I) Department dated 16.11.2018 and violative of fundamental rights apart from Article 300-A of the Constitution of India and consequently to direct the respondent authorities to delete the above said lands from the purview of List of Prohibited Properties under Section 22-A of the Registration Act, 1908 and to restore the mutations in favour of petitioner and to entertain the documents for registration and to pass such other order."
2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, who placed a copy of the instructions dated 28.10.2022 received from the 5th respondent for perusal of this Court.
3. The learned counsel for petitioner while reiterating the several averments made in the Writ Affidavit, inter alia, submits that the petitioner is the absolute owner and possessor of agricultural land of different extents, as indicated in Para 3 of the Writ Affidavit. Referring to several transactions with regard to the subject matter lands prior to their sub-division and assignment of the same in favour of the various assignees and recording of entries in the Register of Holdings (RH) and D.K. Register as well as Karnam's Adangal etc., during the years 1922-23 etc., the learned counsel traces the rights of the 3 petitioner through one Pothini Seshaiah, who purchased the land of an extent of Ac.5.00 cents in Sy.No.1428/2 of Swarna Revenue Village, Karamchedu Mandal, Bapatla District, through a Registered Sale Deed vide document bearing No.685/1929 dated 22.05.1929. The learned counsel submits that the revenue authorities have recognized the petitioner's possession and title over the property, issued Pattadar pass books and Title deeds in her favour and the revenue records were mutated in her name. He further submits that the respondents unilaterally included the subject matter lands along with other lands in Swarna Village in the Prohibited Properties List under Section 22-A of the Registration Act and not registering the transactions in respect of the said lands. The learned counsel also submits that when one such registration was refused, one of the aggrieved parties filed W.P.No.24132 of 2020 before this Court and a learned Judge was pleased to dispose of the said Writ Petition vide orders dated 17.12.2020 with a direction to the respondents to take action on the representation to be made by the petitioner and pass orders in terms of G.O.Ms.No.575 Revenue (Assignment-I) Department, dated 16.11.2018 as per Law, within a period of six (6) weeks. The learned counsel submits that the petitioner in the present case stands in a better footing as she had already made an application through Mee Seva on 4 17.09.2022 for deletion of the subject lands from the Prohibited Properties List in terms of G.O.Ms.No.575 dated 16.11.2018. Drawing the attention of this Court to the said G.O, the learned counsel would further submit that as per the Government Orders, the lands which were assigned prior to 18.06.1954 have to be deleted from the List of Prohibited Properties and despite the said G.O, the respondent authorities are continuing the petitioner's land in the List of Prohibited Properties and thereby the transactions in respect of the same are denied and the petitioner is subject to serious prejudice and hardship. He submits that the action of the respondents is violative of the petitioner's rights guaranteed under Article 300-A of the Constitution of India. Accordingly, the learned counsel seeks appropriate directions by allowing the Writ Petition, as prayed for.
4. The learned Assistant Government Pleader for Revenue on the other hand while not disputing the application stated to have been made by the petitioner through Mee Seva on 17.09.2022 on the basis of the instructions received by him inter alia, contends that the application of the petitioner for deletion of the subject matter lands is pending consideration before the concerned authorities and after completion of enquiry, proposals would be submitted to the 3rd respondent for taking appropriate action after following due process 5 of Law. He further submits that action for deletion of the subject matter lands from the List of Prohibited Properties will be taken as per the relevant G.Os and the petitioner instead of waiting for the orders in the matter, had hurriedly approached this Court without proper cause of action and the Writ Petition is premature. Making the said submissions, the learned Assistant Government Pleader seeks dismissal of the Writ Petition.
5. This Court has considered the submissions made by both the learned counsel and perused the material on record. Though the learned counsel for the petitioner advanced arguments with reference to the history of lands, the assignments made to different persons prior to 1954 and recognition of rights of the petitioner in respect of the same by the revenue authorities by issuing Pattadar pass books and Title deeds etc., this Court deems it not necessary to examine the veracity of the same, as admittedly, the petitioner made application through Mee Seva for deletion of the lands in question placed in the Prohibited Properties List under Section 22-A(i)(e) of the Act. The instructions received by the learned Assistant Government Pleader for Revenue would go to show that the application of the petitioner in this regard is under consideration and after completion of enquiry, proposals would be submitted to the 3rd respondent for taking further 6 action. In such circumstances, this Court deems it appropriate to dispose of the Writ Petition with a direction that the 3rd respondent/competent authority shall take necessary action on the petitioner's application dated 17.09.2022 submitted through Mee Seva and pass appropriate orders, in accordance with Law, after giving due opportunity to the petitioner, as expeditiously as possible, in any event within a period of six (6) weeks from the date of receipt of copy of this order.
6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, if any pending shall stand closed.
___________________________ JUSTICE NINALA JAYASURYA Date: 31.10.2022 IS 7 THE HON'BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO.34969 of 2022 Date: 31.10.2022 IS