M.R. Gangadhar v. Prl. Secy., Rev. Dept. And 3 ORS.

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.38838 of 2017 ORDER :

Heard the counsel for petitioner, and the learned Government Pleader for Revenue, for respondents.

2.

Admittedly, land acquisition proceedings in respect of the subject land were quashed by this Court by order dt.26.04.2017 in WP.No.15245 of 2017.

3.

Though this Court granted liberty to initiate fresh proceedings under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, according to the learned Government Pleader for Revenue, no such proceedings have been initiated as of date.

4.

However, the petitioner came to know that the subject land is included in the list of properties prohibited for registration, prepared by the 2nd respondent.

5.

Thereafter, the petitioner made a representation dt.27.05.2017 to the 2nd respondent to delete the subject land from the said list. But, no action has been taken by the 2nd respondent as of date. 6.

However, the learned Government Pleader for Revenue, on instructions, initially stated that there was a Writ Appeal filed against the order passed in WP.No.15245 of 2017, but has now stated that no such Writ Appeal is filed.

MSR,J wp_38838_2017 ::2::

7.

Once the acquisition proceedings initiated in respect of the subject land have been quashed by this Court on 26.04.2017 and no fresh acquisition proceedings were initiated, and the judgment of this Court is not appealed against, the 2nd respondent cannot include the subject land in the list of properties prohibited for the purpose of registration under Section 22-A of the Registration Act, 1908 and inconvenience the petitioner.

8.

Therefore, the 2nd respondent is directed to delete the subject land from the prohibited list of properties communicated by the 2nd respondent to the Office of the Sub-Registrar, Yemmiganur Mandal, Kurnool District. The 2nd respondent shall also affect mutation of the subject land in petitioner's name in the Revenue Records. 9.

The 1st respondent shall also pay costs of Rs.2,000/- to the petitioner.

10.

Accordingly, the Writ Petition is disposed of with the above directions.

11.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 29-11-2017 Ndr/*