Chaitanya E.M. High School, v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO WRI T PETI TI ON No.6780 OF 2018 ORDER:

1.

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

2.

The petitioner states that he purchased agriculture land admeasuring Ac.6.54 Cents in RS.No.86/2, land admeasuring Ac.3.13 Cents in RS.No.93/5 and land admeasuring Ac.3.27 Cents in RS.No.94/1 of Chintampalli Village, Chintalapudi Mandal, West Gadavari District through Registered Sale Deed bearing No.6272 of 2010 from his vendor Sagi Pavan Kumar who purchased the said property in an open auction conducted by the Deputy Registrar on Special Duty, District Co-operative Central Bank, Eluru in Execution Petition No.1204 of 2005-2006 and Execution Petition No.1205 of 2005-06.

The respondents are not issuing pattadar pass books and title deeds in favour of the petitioner in respect of the said land and the Mee Seva Centre staff are not receiving the applications of the petitioner under 6-A of ROR Act for mutation in manual and online revenue records and to issue E-Pass books, on the ground that the said property is in prohibitory list. Challenging the inclusion of the said land in the list of prohibited properties and the action of the respondents in not mutating his name in the Revenue Records, 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 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, West Godavari district, by filing an application for deletion of the property claimed by him, justifying his claim, and as and when the petitioner files such an application, the District Collector, West Godavari 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: 5.3.2018 KPM 1 2016 (2) ALD 236 (FB)