APPANNAGARI HARINATH REDDY vs THE STATE OF ANDHRA PRADESH

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No.3793 of 2023 Appannagari Harinath Reddy, S/o.late Ranga Reddy, Aged about 52 years, R/o.

Door No.134A, Bangaru Chennepalli Village, Kothacheruvu Mandal, Sri Satyasai District Andhra Pradesh. ….

Petitioner Versus The State of Andhra Pradesh, rep.

By Principal Secretary to Govt., Revenue Department, Velagapudi, Amaravati, Guntur District, A.P. and 4 others. ….Respondents ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents.

2.

The grievance of the writ petitioner is that the 4th respondent passed the refusal order dated 28.12.2022 on the ground that the land in an extent of Acres 5.08 cents in Survey No.237/4 situated in Rampuram Village, Penugonda Mandal, Sri Satya Sai District is placed under the prohibited list under Section 22-A of the Registration Act, 1908.

3.

The learned counsel for the petitioner submits that the petitioner purchased the subject land from the successors of 2 the original assignees in an extent of Acres 5.08 cents in Survey No.237/4 situated in Rampuram Village, Penugonda Mandal, Sri Satya Sai District.

Before purchasing the same, the petitioner also verified the revenue records and latest adangals and 1-B Register for the year1933 to 1955 which shows that the Survey No.237 of Rampuram Village of Penukonda Mandal belongs to the grand fathers of the petitioner’s father.

The Encumbrance Certificate is also verified.

Then, the petitioner approached the Sub- Registrar/the 4th respondent herein who issued the Market Value Assistance certificate dated 24.11.2022.

The petitioner after executing the sale deed dated 08.12.2022, after payment of the stamp duty, presented the sale deed before the 4th respondent and the P.No.1459 of 2022 was allotted on 08.12.2022, as per the G.O.Ms.No.575 dated 16.11.2018.

6.11.2018.

The Government of Andhra Pradesh deleted the Assigned Lands prior to 18.06.1954 from the purview of Section 22-A of the Registration Act, 1908.

As per the above said G.O., the 4th respondent refused to register the sale deed in respect of the subject land on the ground that the subject land is placed under the prohibited list under Section 22-A of the Registration Act.

3 4.

On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that the petitioners have to make an online application to the 3rd respondent for deletion of the subject property from the prohibited list by providing necessary documents.

On making such application by following the procedure, the 3rd respondent would be in a position to consider the same by following the due procedure.

5.

In view of the above said facts and circumstances, the petitioner is permitted to make an online application to the 3rd respondent for the purpose of deletion of the subject land situated in an extent of Acres 5.08 cents in Survey No.237/4 situated in Rampuram Village, Penugonda Mandal, Sri Satya Sai District from the purview of the prohibited list under Section 22-A of the Registration Act, 1908 within a period of two (02) weeks from the date of receipt of this order.

On receipt of such application, the 3rd respondent shall conduct necessary enquiry and after hearing all the parties concerned, the said application of the petitioner shall be disposed of as expeditiously as possible strictly in accordance with law within a period of three (03) months thereafter.

4 6.

Accordingly, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ JUSTICE B KRISHNA MOHAN 15.02.2023 PGT