Pothuri Subbaiah v. State Of Andhra Pradesh
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH WEDNESDAY, THE FIRST DAY OF APRIL, TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE S.V.BHATT WP .NO: 8980 of 2015 Between:
Pothuri Subbaiah S/o. Subba Rao, Occ: Business, R/o. 19-7-25/4, Srinivasa Nagar, Ganjipalem, Chirala, Prakasam District.
..... Petitioner AND 1 State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.
2 Collector & District Magistrate, Prakasam District at Ongole. 3 Revenue Divisional Officer, Ongole Division, Ongole, Prakasam Dist. 4 Tahsildar, Chirala Revenue Mandal, Chirala, Prakasam District. 5 Sub-Registrar, Chirala SRO, Chirala, Prakasam District. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ/Order/Direction more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings dt.10.03.2015 of the 5th respondent in refusing to register the document of the petitioner on the alleged ground of prohibition without observing the letter dt.07.02.2011 of the 4th respondent in respect of Sy.Nos.369/9, 10 and 11 to an extent of Ac.
0-61 cents situated in Kothapalem, Chirala (M), Prakasam District is illegal, arbitrary, unjust, without jurisdiction and in violation of Art.14 of the Constitution of India and consequently direct the respondents to receive the document of petitioner for its process of registration in respect of Sy.Nos.369/9, 10 and 11 to an extent of Ac.0-61 cents situated in Kothapalem, Chirala (M), Prakasam District by setting aside the impugned refusal orders dt.10.03.2015 of the 5th respondent. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Srinivasulu Kurra, Advocate for the Petitioner and G.P.
Post for admission on 15.04.2015.
Perused the material available on record. Prima facie it appears that the prohibition stipulated under Section 22-A of the Registration Act is being misused by the office of the Sub-Registrar, Chirala. The material further discloses that the petitioner's land has been shown as private patta land in the Register of Holdings being maintained by the Revenue Department.
With a view to appreciate issues canvassed in the writ petition, this
Court directs the 2nd respondent to file counter-affidavit by duly examining all the revenue records.
Office to communicate the docket order forthwith. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Hyderabad.
2 The Collector & District Magistrate, Prakasam District at Ongole. (By FAX/ Speed Post) 3 The Revenue Divisional Officer, Ongole Division, Ongole, Prakasam Dist.
4 The Tahsildar, Chirala Revenue Mandal, Chirala, Prakasam District. 5 The Sub-Registrar, Chirala SRO, Chirala, Prakasam District. 6 One CC to Sri Srinivasulu Kurra, Advocate (OPUC) 7 Two CCs to the G.P. for Revenue (AP), High Court, Hyderabad. (By Spl. Messenger) 8 One spare copy.
nnr HIGH COURT SVB,J DATED: 01-04-2015
NOTE: Post for admission on 15-4-2015
ORDER
W.P.NO. 8980 OF 2015 DIRECTION HIGH COURT Nnr Date of Drafting : 01-04-2015 SVB,J
DATED: 01-04-2015 NOTE: Post for admission on 15-4-2015
ORDER
W.P.NO. 8980 OF 2015 DIRECTION