Nare Chinna Subbaiah, S/O Nare Nagaiah v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.25058 of 2015 BETWEEN Nare Chinna Subbaiah.

... PETITIONER AND The State of Andhra Pradesh, rep. by its Secretary, Revenue Department, Secretariat, Hyderabad and others.

...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 11.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioner intends to execute a registered gift deed with respect to land in an extent of Ac.0.05 cents out o Ac.0.60 cents in Sy.No.937/1 of Ippapenta village, C.K. Dinne Mandal, Y.S.R. District in favour of his son. However, the fifth respondent is stated to have kept the document pending as pending Document No.162 of 2014 on the ground that the said land is in the prohibitory list and gave an endorsement dated 30.12.2014 informing the petitioner that since the said land is classified as Gramakantam, the aforesaid document cannot be entertained.

2. Similar issue with regard to Gramakantam lands was already examined by this Court and while taking note of G.O.Ms.No.187 dated 27.05.2015, disposed of WP.No.15645 of 2015 by order dated 05.06.2015. Operative portion whereof is as follows:

"Learned Government Pleader for Revenue has produced copy of G.O.Ms.No.187, dated 27.05.2015 wherein the Government of Andhra Pradesh had withdrawn the grama kantam lands from the purview of Section 22-A of the Registration Act to remove the hardship to the general public and it has also referred to the decision of this Court, dated 09.07.2012 in W.P.No.553 of 2012.

In view of that, therefore, even if the lands, in question, are grama kantam lands, there is no impediment for receiving and processing the documents by the 2nd respondent in respect of the said land. A reference is also made to the order of this Court in W.P.No.1339 of 2014, dated 06-032014. In view of that, the writ petition is disposed of directing 2nd respondent to examine the aforesaid decision as well as the G.O., referred to above, and thereafter receive the documents presented by the petitioners as referred to above and process the same in accordance with law. No order as to costs."

Following the same, this writ petition is also disposed of directing the fifth respondent to examine the aforesaid decision as well as the G.O., referred to above, and thereafter receive the document presented by the petitioner, as

referred to above and process the same in accordance with law. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J August 11, 2015 DSK