Appukondu Venkata Subba Reddy, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION Nos. 41620 & 41630 of 2016 COMMON ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue. With the consent of both the parties, the Writ Petitions are being taken up for hearing at the admission stage itself. 2.

These Writ Petitions are filed seeking issuance of writ of Mandamus declaring the action of respondent No.2 in including the residential house property bearing door Nos.7/ 61, 7/ 62 (present Door No.42/ 61 and 42/ 62) and door No.7/ 123-1 (present door No.7/ 123-11) admeasuring different extents in Survey Nos.752 and 91 of Chinnachowk Village fields, Kadapa City, Y.S.R.District in the prohibitory lands list as " Tank" and the consequential action of respondent No.5 in refusing to entertain the sale deed for registration of the same stating that land in Survey No.752 is included in the prohibitory list furnished by respondent No.2 as " Tank" as illegal and arbitrary.

3.

At the time when the matter is taken up for hearing learned Government Pleader placed on record instructions wherein relevant portion reads as under:

" In view of the above and in terms of the instructions issued by the CCLA, A.P. vide Memo No.Asst.I(1)126/ 2016, dated 08.02.2016 while communicating the guidelines with reference to the land under Section 22-A(1) (a-d) that " any deletions or modifications to these lists should be sent to the Commissioner and IG of Registration and Stamps, who in turn will furnish the same to the concerned Registering Officers (para 25.2 of Full Bench Judgment and Circular Memo No.G1/ 19131/ 05, dated 14.09.2007 of C&IG, AP)" , I request for issue of necessary orders to the Registration Authorities at Kadapa to eliminate the land in Survey No.752 Extent Acs.19.58 cents of Chinna Chowk Village, Kadapa Mandal, YSR District from the list of prohibited properties under Section 22-A(1)(b) of Registration Act, 1908 with a condition, to exclude the sites earmarked in S.No.752 for community

purpose as per the approved layout of the House Building Societies of NGOs and Class-IV employees.

Encls: RDO, Kadapa Ref.No.E1/ 1009/ 2016, dated 24.12.2016." 4.

In view of the above, this Court is of the view that no further orders are necessary since steps are already taken for elimination of the property from the prohibitory list. It is needless to mention that the concerned authority shall issue suitable orders within a period of four weeks from the date of receipt of a copy of the order.

5.

Accordingly, the writ petitions are disposed of. There shall be no order as to costs.

6.

Miscellaneous petitions, pending if any, shall stand closed in the light of this final order.

______________________ JUSTICE C.PRAVEEN KUMAR 04.01.2017 vhb