Andhra Pradesh High Court - Amravati
Gorthi Bharat Kumar vs The State Of Andhra Pradesh on 3 August, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15312 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.34.00 cents in Sy.No.442 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.TAAPDL011800152661 and Application No.APDL011800152661 as illegal Arbitrary and in 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. TAAPDL011800152661 and Application No.APDL011800152661 dated 21.09.2018 and delete the petitioner's land admeasuring Ac.34.00 cents in Sy.No.442 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 Ac.34.00 cents in Sy.No.442 situated at Chingicherla Village, Dharmavaram Taluk, Anantapuram District was purchased by great grandfather of the petitioner by name G.Narayanappa for a valuable consideration from Kalavala Pedda Venkataramayya and the same was registered vide Doc.No.1041/1947, dated 05.08.1947. In the year 1979, i.e., on 03.09.1979 a partition deed was executed among family members and the same was registered in the office of the 5th respondent vide Doc.No.2226/1979. As per the partition deed, the land in question 2 fell to the share of grandfather of the petitioner. Thereafter his father cultivated the same and after his death, the petitioner is in possession and enjoyment of the same. The 4th respondent recognized the petitioner's possession and enjoyment, entered his name in the revenue records and issued pattadar pass book, title deed, ROR and adangal etc, in his favour.
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.TAAPDL011800152661 and Application No.APDL011800152661 with all enclosures with a request to delete the lands possessed by him 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 Revenue appearing for the respondents.
The grievance of the petitioner is that the 2nd respondent is not passing appropriate orders on the Mee Seva application vide Transaction ID.TAAPDL011800152661 and Application No.APDL011800152661, submitted by the petitioner for deletion of his land in an extent of Ac.34.00 cents situated in Sy.No.442 of 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 3 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 Revenue and on 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 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.15312 OF 2021 Date: 03.08.2021 VSL