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High Court for State of TelanganaWP/28760/2017dismissed

Kondupalli Venkata Chalapathi, v. State Of Andhra Pradesh,

2017-08-28P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28760 OF 2017 DATED : 28.08.2017 Between :

Kondupalli Venkata Chalapathi S/o.Sri K.Reddappa, Aged about 27 yrs, R/o.Rama Ro Colony, B.K.Pally Revenue Village, Madanapalli Town and Post, Madanapalli Mandal, Chittoor District, Andhra Pradesh & another.

..

Petitioners And State of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28760 OF 2017 ORDER :

Heard.

2.

In this writ petition petitioners are aggrieved for not accepting the documents stated to have been presented before the registering authority concerning land to an extent of Ac.4.90 cents in Sy.No.522/2 of Bandameeda Kampalle Revenue Village, Madanapalle Mandal, Chittoor District and they were informed by the registering authority that the said property is included in the prohibited list of properties under Section 22-A (1) (a) of the Registration Act, 1908. Petitioners contend that such action of the registering authority is illegal and that the document presented for registration ought to have been registered. In support of their contention, petitioners placed reliance on interim direction passed by this Court in W.P.No.5199 of 2014.

3.

The entire issue concerning the scope of Section 22-A of the Act, regarding inclusion of certain properties in the prohibited properties list and the scope of refusal of documents presented for registration, was considered by the Full Bench of this Court in "Vinjamuri Rajagopala Chary Vs State of Andhra Pradesh1.". For the purpose of this case, relevant paras of the judgment are Para Nos.21.2, 25.4, 25.5 and 36 (ix).

4.

In view of the directions issued by the Full Bench the remedy available to aggrieved persons is to ventilate their grievance before the District Collector against inclusion of their properties in the 1 2016 (1) ALT (550) (F.B)

- 3 - prohibited list of properties by enclosing all the relevant documents in their support. Thus, the relief as sought for cannot be granted and the writ petition is liable to be dismissed. 5.

Accordingly, the Writ Petition is dismissed, leaving it open to the petitioners to apply before the District Collector, for deletion of property from the prohibited list of properties. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 28th August, 2017 Rds