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This petition is filed under Article 226 of the Constitution of India, seeking to declare the action of the 3rd respondent in not entertaining registrations over the petitioner's property on the ground that the lands are in the list of prohibited properties under Section 22-A of the Act, 1908 despite the 1st respondent ordered to delete the petitioner's property from prohibited list vide Memo No.REV/21021/92/2017-ASSG.II-1 dated 1.5.2018 is illegal and arbitrary and without jurisdiction; consequently to direct the 3rd respondent to give effect to the orders passed by the 1st respondent and to register the sale transactions of the petitioner in respect of the subject land admeasuring Ac.4.93 cents in Sy.No.134/1, Paradesipalem Village, Visakhapatnam.

2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue as well as the learned Government Pleader for Stamps and Registration.

3. As per the averments made in the writ petition, the father of petitioner late Sri Thammi Raju was an Ex-Serviceman and he was assigned an extent of Ac.4.93 cents in Sy.No.134/1 of Paradesipalem Village, Visakhapatnam vide D.R. file bearing No.116/71 dated 23.06.1970. After demise of his father the petitioner, being inherited the said property, is in continuous possession and enjoyment of the property without any interruption from any corner.

8. Replying to the said averments made in the writ affidavit, the 2nd respondent filed counter and denied the allegations/averments made in the writ petition. It is submitted in the counter that as per their records, the father of the petitioners that Sri Thammi Raju was assigned an extent of Ac.4.93 cents in SurveyNo.134/1 of Paradesipalem Village under Ex-serviceman category is not correct. As per the report of the Revenue Divisional Officer, Visakhapatnam the subject land is classified as AWD (Gayalu) with a total extent of Ac.4-93 cents as per the revenue records, and said land was assigned in favour of Sri Gorle Thammiraju, Son of (late) Sayanna vide DR file bearing No.116/71, dtd.23.06.1970 under landless poor category. Further stated that in the year 2005, the subject land was handed over to the VUDA as per the proceedings dated 09.12.2004 vide delivery receipt No.1/2005/Sp.R.I., dated 22.01.2005 of Tahsildar, Visakhapatanam Rural Mandal. The VUDA has formed a kutcha road and erected caution board in the subject land. Aggrieved by the same, the assignee has filed a Writ Petition No.15332 of 2007 wherein this Court issued orders on 21.11.2012 directing the Principal Secretary to consider and pass appropriate orders in the matter as per recommendations made by the then District Collector. Accordingly the petitioner made a representation to the 1st respondent on which the Government has issued Memo No.145/Assn.I(2)/2013-2 dated 25.06.2013 and directed the District Collector to examine the matter as per G.O.Ms.No.307, Revenue (Assn.I) Department, dated 06.06.2013 and submit a report to CCLA . Further the Government again issued a memo dated 18.07.2017 directing the District Collector, Visakhapatnam to take further action on the representation of the petitioner herein, under the provisions of G.O.Ms.No.279, dated 04.07.2016.

9. Further it is submitted in their counter that in the year 2018, the then District Collector, Visakhapatnam has enquired into the matter and issued rejection order vide proceedings dated 22.03.2018, stating that the application for issuance of NOC deserves no consideration as the purported DR file bearing No.116/71, dated 23.06.1970 is not in accordance with the prescribed procedure. After that the Government has considered the representation made by the petitioner and issued the proceedings on 01.05.2018 for deleting the subject land to an extent of ac.4.93 cents in Sy.No.134/1 of Paradesipalem village from the list of prohoibitory properties notified under Section 22A(1) of the Act and also directed the Director and Inspector General of Stamps to communicate the order to the concerned registering authority for deletion from the prohibitory list and take necessary action accordingly.