Kesaboina Rama Prasad, v. State Of Andhra Pradesh,
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.38378 of 2018 ORDER:
It is the case of the petitioner though the subject land is assigned prior to 1954, but the subject land i.e., Ac.0.57 cents, in sy.No.122/1C, situated at Krishnayapalem Village, Mangalagiri Mandal, Guntur District, is included in the list of prohibited properties under Section 22-A of the Registration Act, 1908 vide proceedings issued in Lr.No.Nil/2017, dated 06.02.2017 .
A perusal of the impugned proceedings goes to show that the subject land is assigned prior to 1954. The Government of Andhra Pradesh has issued G.O.Ms.No.575, dated 16.11.2018 for deletion of lands which are assigned prior 1954, from the list of prohibited properties as per Section 22-A of the Registration Act. In spite of the same, the 4th respondent has passed impugned order dated 16.01.2017 refusing to register the document presented by the petitioner. When impugned proceedings show that the subject land is assigned prior to 1954, the question of continuation of the same in the list of prohibited properties under Section 22-A of the Act does not arise.
In view of the same, this writ petition is allowed directing the 4th respondent to entertain the documents presented by the petitioner in respect of the subject property and register the same, if not prohibited for registration by any order/injunction/attachment, passed by a court, or competent authority. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
___________________________ A.RAJASHEKER REDDY,J 14-12-2018 kvs
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.38378 of 2018 Date: 14.12.2018 kvs