G.V.R.K.S.S. Vara Prasad, S/O. Dorayya Aged 53 Years, v. The State Of Andhra Pradesh, Rep By Its

HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.32496 of 2015 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

The petitioners are aggrieved by the list sent by the Tahsildar, Vijayawada Rural Mandal, Krishna District, the 5th respondent, to the Sub-Registrar, Ibrahimpatnam, Krishna District, the 6th respondent, under his proceedings in Rc.A.689/2012, dated 02.11.2012. The petitioners state that their lands have been erroneously included in the said list, though they claim that they were assigned the said lands in 1950 and as such the said lands do not fall under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977. The petitioners, however, state that they made a representation to the 5th respondent for deletion of their lands from the list of prohibited lands and since no action has been taken, the present Writ Petition is filed.

It is, however, evident that under Section 22-A (4) of the Registration Act, 1908, the petitioners have a remedy of making appropriate application before the Government for deletion of their lands from the list of prohibited lands, but, so far, no such application has been made by the petitioners. Hence, in my view, it would be in the interests of justice, if the petitioners are permitted to make appropriate application before the Government/ Collector requesting for deletion of their lands from the list of prohibited lands by giving reasons in support of their claims, so as to enable the Government/Collector to examine the matter and pass appropriate orders.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ VILAS V.AFZULPURKAR, J 01.10.2015 KH