Lakka Veeramma, v. State Of Telangana
THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.8800 of 2018 Order:
Heard learned counsel for the petitioners and learned Government Pleader for the respondents.
The petitioners state that the first petitioner is the owner and possessor of an extent of Ac.0-14 gts., in Survey No.170/E1 and Ac.0-14 gts., in Survey No.170/G1, situated at Ammavaripet village, Khazipet Mandal, Warangal Urban District, having purchased the same under a simple sale deed. The name of the first petitioner was mutated in the revenue records and pattadar passbooks and title deeds were issued to her. The second petitioner purchased an extent of Ac.1-06 gts., in Survey No.170/B1, Ac.0-14 gts., in Survey No.170/C1, Ac.0-14 gts., in Survey No.170/F1, Ac.0-14 gts., in Survey No.170/D1 and Ac.0-14 gts., in Survey No.170/A1, totally admeasuring Ac.2-22 gts., situated at Ammavaripet village, Khazipet Mandal, Warangal Urban District, under two registered sale deeds dated 28.08.2003. The petitioners state that the land in Survey No.
170 of Ammavaripet village was Government land and pattas were issued in favour of their vendors by proceedings of the then Tahsildar, Warangal, dated 05.01.1957, 06.01.1957 and 18.01.1957. When the petitioners intend to sell the said lands and approached the fourth respondent for registration of the documents, he refused to register the same on the ground that the land in the said survey number was included in the list of prohibited properties by the revenue department under Section 22(A) of the Registration Act. Then they submitted a representation to the second respondent on 29.12.
'No objection Certificate', but when no action was taken thereon, they filed the present Writ Petition.
This Court in Vinjamuri Rajagopala Chary v. State of A.P1 considered the said issue and held as follows: "35.1 Further, as noticed earlier the State Government is empowered either suo motu or on application to consider the grievances against inclusion of any property in the prohibitory list under Section 22-A of Registration Act and is also empowered to de-notify either in full or in part the notification issued under sub-section (2). In our opinion, the redressal mechanism is available only with respect to notifications published relating to the properties falling under clause (e) of Section 22-A. Hence, any grievance of the parties with reference to the properties covered by clauses (a) to (d) will have to be questioned by the aggrieved parties only by appropriate proceedings before a competent Court and the adjudication by such Court would be final. Further, so far as notified properties falling under clause (e) are concerned, the redressal mechanism under sub-section
(4) of Section 22-A would be able to effectively address the grievance provided the mechanism thereunder is effective, expeditious, fair, and judicious. Thus, in order to make an effective redressal mechanism, we deem it appropriate to direct the respective Governments of both the States to constitute a Committee or establish a Forum within time frame, may be comprising of Principal Secretary of Revenue, Director of Survey and Land Records and a retired Judicial Officer of the rank of a District Judge which shall meet periodically to consider the grievances of the persons affected by the notifications. The Committee shall be empowered to examine relevant records and then pass a reasoned order either accepting or rejecting the grievance by either confirming/deleting/modifying any such property from the notified list of properties.
In our view, such orders passed by the Committee shall be binding on the State as well as on the aggrieved person and in the event of any of them being aggrieved thereby, they shall have to approach a competent Court of Law for redressal of their grievance." At this stage, learned Government Pleader submits that in compliance with the orders of this Court in the aforesaid decision, the Government of Telangana issued G.O.Ms.No.185, Revenue (Assn.I) Department, dated 28.07.
Section 22-A(1)(e) of the Indian Registration Act, 1908, regarding prohibition of registration of lands.
In view of the same, the petitioners are given liberty to approach the said grievance redressal committee for appropriate relief by making proper application. As and when such application is filed, the committee shall consider the same and pass appropriate orders thereon within a period of three (3) months from the date of filing such application. The Writ Petition is, accordingly, disposed of. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.
__________________________ A.RAMALI NGESWARA RAO, J Date: 16.03.2018 Nsr