Pathuri Nagabhushanam, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.13228 of 2017 ORDER:

Learned counsel for the petitioners submits that the lis in these writ petitions is squarely covered by order dated 23.11.2018 in WP.No.42044 of 2018.

Learned Government Pleader for Revenue submits that the Government has issued G.O.Ms.No.575, dated 16.11.2018, for deletion of lands from the list of prohibited properties under Section 22-A of the Registration Act, 1908, which were assigned prior to 1954 and in pursuance of the same Circular Memo No.23241/Assn.1/2014, dated 29.11.2018 issued by the Special Chief Secretary directing the District Collectors to instruct the field level staff such as Tahsildars & RDOs for verification of lists of prohibited properties already sent to the registration authorities notified under Section 22-A(1) (a) & (b) and prepare list of the Government lands assigned prior to 18.06.1954 and communicate the same to the respective Registration Authorities for deletion from purview of Section 22A(1) of the Registration Act.

In the said circular, with regard to 22-A(1)(e), the District Collectors are also requested to instruct the field level staff to verify the list published under Section 22 A(1) (e), and to prepare list of Government lands assigned prior to 18.06.1954 and send the same to Government for de-notifying from the lists published in exercise of the powers conferred under sub-section(4) of Section 22 A of the Act.

Learned Counsel for the petitioner submits that subject lands in these writ petitions were assigned prior to 1954. A perusal of the impugned G.O.Ms.No.197, Revenue (Assn.I) Department dated 05.05.2016 goes to show that the subject lands are assigned prior to 1954.

In view of the facts and circumstances and in view of the Circular Memo No.23241/Assn.1/2014, dated 29.11.2018, wherein certain guidelines were given to the District Collectors for implementation of G.O.Ms.No.575, dated 16.11.2018, and since the subject lands are admittedly assigned prior to 1954, this writ petition is allowed, setting aside the inclusion of the petitioner's land to an extent of Ac.1-00 cents in Survey No.340/A1A and 340/A2A1 and an extent of Ac.0.11 3⁄4 cents in Sy.No.340/A5-A1 and an extent of 0.47 cents in Sy.No.340/A5A (totaling Acs.1.58 3⁄4 cents in Pedavadlapudi Village, Mangalagiri Mandal, Guntur District, in the Prohibited List of properties under Section 22-A (1) of the Registration Act. No order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in these Writ Petitions, shall stand closed.

____________________________ A.RAJASHEKER REDDY, J 10.12.2018 tk/kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.13228 of 2017 Date: 10.12.2018 tk/kvs