Gudipudi Pitchaiah v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO WRI T PETI TI ON No.6852 OF 2018 ORDER:

1.

Heard learned counsel for the petitioner and the learned Government Pleader for the respondents.

2.

The petitioner states that originally the land in D.No.514/3B in an extent of Ac.0.90 cents and in Sy.No.514/3C in an extent of Ac.1.53 cents, totaling an extent of Ac.2.43 cents situated at Chowdavaram Village, Guntur Rural Mandal, Guntur District, are his ancestral property and subsequently he succeeded to the said properties. His name was also mutated in the Revenue Records. When the petitioner intended to sell the property, he approached the 5th respondent to ascertain the market value for the purpose of stamp duty and registration. The 5th respondent refused to receive the documents stating that the said lands are prohibited lands as per the list communicated by the respondents 2 and 3. Challenging the action of the 5th respondent, the present Writ Petition is filed. 3.

The issue relating to the inclusion of properties under section 22 (A) (1) of Registration Act came up for consideration before a Full Bench of this Court in the case of VI NJAMURI RAJAGOPALA CHARY vs. STATE OF ANDHRA PRADESH AND OTHERS1. 4.

The Full Bench of this Court, in the above decision in the case of VI NJAMURI RAJAGOPALA CHARY vs. STATE OF 1 2016 (2) ALD 236 (FB)

ANDHRA PRADESH AND OTHERS1, gave liberty to the parties affected by inclusion of the properties in the list of prohibited properties, to apply for deletion from the list or modification thereof, to the concerned authorities and the concerned authorities were directed to consider the request in proper perspective and pass appropriate orders.

5.

In view of the same, this Writ Petition is disposed of giving liberty to the petitioner to bring it to the notice of the District Collector, Guntur district, by filing an application for deletion of the property claimed by him from the list of prohibited lands, justifying his claim, and as and when the petitioner files such an application, the District Collector, Guntur, shall dispose of the same in accordance with law, within a period of three months from the date of receipt of a copy of the said application. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.

________________________ A. RAMALI NGESWARA RAO,J Date: 1.3.2018 KPM