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High Court for State of TelanganaWP/30007/2017disposed of no costs

N.Jayaram v. The State Of Andhra Pradesh,

2017-09-08P Naveen Rao2 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.30007 OF 2017 ORDER:

1.

Petitioner claims that he is the owner of house bearing H.No.18/151 in Survey No.49 of Kondapeta, Kodumuru Village & Mandal, Kurnool District. The limited grievance of the petitioner in the instant Writ Petition is that his property is included in the prohibited list of properties under Section 22(a)(1)(c) of the Registration Act. In this Writ Petition, the petitioner challenges the letter of the Commissioner, Endowments Department dated 05.07.2016 addressed to the Commissioner & Inspector General, Stamps & Registration Department, informing the list of properties classified as endowment properties which includes the property claimed by the petitioner.

2.

The issue of inclusion of properties in the prohibited list and mechanism for exclusion of properties from the prohibited list is exhaustively considered by the Full Bench of this Court in Vinjamuri Rajagopala Chary and others v. State of A.P., rep. by Principal Secretary, Revenue Department, Hyderabad and others1 and appropriate directions were issued. 3.

In terms of the directions issued by the Full Bench, if the petitioner is aggrieved against inclusion of his property in the prohibited list under Section 22(A)(1)(c) of the Registration Act, he ought to submit an application before the Commissioner of Endowments requesting for exclusion of his property and it is for the Commissioner, Endowments Department to take appropriate decision.

1 2016(1) ALT 550 (FB)

4.

Leaving it open to the petitioner to avail the remedy of submitting application before the Commissioner, as envisaged by the Full Bench judgment, the Writ Petition is disposed of. If such request is made, the same shall be considered and appropriate decision shall be taken within three months from the date of receipt of such application. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed. ____________________ (P.NAVEEN RAO, J) 8th September 2017 RRB