Navodaya Sankshema Sangam, Rep.By Its President v. The Govt. Of A.P. Rep. By Its Secretary, Revenue Department
HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 42816 of 2016 ORDER:
1) Heard learned counsel for the petitioner and Government Pleader for Revenue. With the consent of both the parties, the writ petition is being taken up for hearing at the admission stage itself.
2) The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in not registering any transactions in respect of land in Sy.No.509/ 1, L.P.No.191/ 91 situated in Ramachandrapuram, East Godavari District, as illegal, improper, arbitrary and against the provisions of Registration Act; and consequently direct the respondent authorities to allow transactions/ registrations in respect of the said land.
3) Though various grounds are raised, learned counsel for the petitioner submits that since the property is shown in the prohibitory list, the petitioner society has made a representation to the District Collector, East Godavari, seeking deletion and a direction to consider the said representation. 4) The Government Pleader for Revenue on instructions states that the petitioner has no right or claim over the property as the sale deed executed in their favour is illegal and incorrect.
5) One fact which remains to be noted is that the petitioner society also raised sale deeds in favour of its members. In view of the Full Bench Judgment of this Court, the petitioner claims to have been made a representation to the District Collector seeking deletion of the property from the prohibitory list. 6) Having regard to the facts and circumstances of the case, the present writ petition is disposed of directing the District Collector, East Godavari, to consider the representation dated 01.07.2016, if any, made by the petitioner seeking deletion of the property from the prohibitory list, in accordance with law, as early as possible, preferably, within a period of three (03) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 15.12.2016 gkv