M KRISHNA MURTHY vs The State of Andhra Pradesh,

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN MONDAY, 10TH DAY OF APRIL, TWO THOUSAND AND TWENTY THREE WRIT PETITION No.8496 of 2023 M.

Krishna Murthy, S/o.

Chinna Ramaiah, Aged about 50 years, Occ: Cultivation, R/o.

D.No.

9-62, Basinikonda Village, Madanapalle Mandal, Annamayya District. ….

Petitioner Versus The State of Andhra Pradesh Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District 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 his online application bearing No.

TTA012200082902 dated 19.02.2022 has not considered so far to delete the subject property from the Prohibited List under Section 22A (1) (a) of the Registration Act, 1908 for an extent of Ac.

4.80 cents in 2 Sy.No.

328/2A of Rachavetivaripalli Village, Nimmalapalli Mandal, Annamayya District.

3.

The learned counsel for the petitioner submits that in respect of the adjoining land in the same survey number, the 4th respondent addressed a letter to the 3rd respondent dated 20.04.2022 on the application filed by one Mr.

B.

Aswatha Narayana to delete the property in an extent of Ac.

4.80 cents in Sy.No.

328/2B of Rachavetivaripalli Village, Nimmalapalli Mandal, Annamayya District from the Prohibited List under Section 22 A (1) (a) of the Registration Act, 1908.

4.

The learned counsel for the petitioner submits that the petitioner also purchased the subject property through a Registered Sale Deed dated 01.12.2006 in an extent of Ac.

328/2A of the said village.

Ever since, he has been in possession and enjoyment of the same.

But recently the petitioner came to know that the respondent- authorities without following any due procedure and behind the back of the petitioner placed the subject property under the Prohibited List unde List under Section 22 A (1) (a) of the Registration Act, 1908.

3 5.

The learned counsel for the petitioner further submits that as per the G.O.Ms.No.

575 Revenue (assan-I) Department dated 16.11.2018 and G.O.Ms.No.

185 Revenue (assan-I) Department dated 11.03.1997, the subject property ought not to have been placed under the Prohibited List under Section 22A (1) (a) of the Registration Act, 1908.

Hence aggrieved by the same, the petitioner made an online application bearing No.

TTA012200082902 dated 19.02.2022 to the 2nd respondent.

But the same is not considered so far.

6.

On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that the 2nd respondent would follow the due procedure to dispose of the application of the petitioner in due course.

7.

In view of the above said facts and circumstances, the 2nd respondent is directed to consider and dispose of the online application of the petitioner bearing No.

TTA012200082902 dated 19.02.2022 as expeditiously as possible strictly in accordance with law preferably within a period of three (3) months from the date of this order.

After hearing all the parties concerned including the petitioner and 4 upon verification of the records and the subject land, appropriate decision shall be taken on the application of the petitioner on its own merits.

8.

Accordingly, the Writ Petition is disposed of.

No costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ JUSTICE B KRISHNA MOHAN 10.04.2023 UPS