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High Court for State of TelanganaWP/8782/2018disposed of no costs

Chakala Venkata Lakshmamma v. The State Of Andhra Pradesh

2018-03-16A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO WRI T PETI TI ON NO.8782 OF 2018 ORDER:

The petitioner states that the lands in Survey No.145 in an extent of Ac.4.11. cents situated at Yerramanchi Village, Penukonda Mandal, Anantapur district, are her husband's ancestral property. After the death of her husband, pattadar passbooks and title deeds were issued in her favour. When the petitioner wanted to sell away the said land and approached the 5th respondent, he insisted for 'No objection Certificate' without assigning any reasons. Further, the 4th respondent has included the said land in 08 list without issuing any notification Under Section 22-A of Registration Act. Challenging the inclusion of the said land in the 08 list, the present Writ Petition is filed.

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.

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. 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, Anantapuram district, by filing an application for deletion of the property claimed by her, justifying her claim, and as and when the petitioner files such an application, the District Collector, Anantapuram district, 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: 16.3.2018 KPM