Sandipam Santhakumari, W.G. Dist v. Prl Secy, Stamps And Registration Dept., And 3 Ot

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.38927 OF 2017 ORDER:

The petitioner states that she purchased the agricultural dry land admeasuring Acs.2.63 cents in Survey No.1343/1 through registered sale deed. She also purchased the land admeasuring Acs.1.53 cents in Survey No.1342/1 of Chintalapudi Village and Mandal through registered sale deed. The vendors of the petitioner got the property through registered will deed dated 22.10.1984 bearing document No.26 of 1984 executed by their mother, who got the said property through registered sale deed dated 24.09.1955. The petitioner also purchased the dry land admeasuring Acs.1.50 cents in Survey No.1341/2C through registered sale deed bearing document No.1338 of 1997. The petitioner approached the Village Revenue Officer for online copies for getting the crop loan in respect of the lands in Survey Nos.1342/2 and 1343/1 and she was informed that the said lands were included in Prohibitory List. In the circumstances, the present writ petition is filed challenging the inclusion of the said lands in the Prohibitory List.

This Court in Vinjamuri Rajagopala Chary and Others vs. State of A.P.,1 considered the said issue and held as follows: 35.1 Further, as noticed earlier the State Government is empowered either suo motu or on application to consider the grievances against inclusion of any property in the prohibitory list under Section 22-A of Registration Act and is also empowered to de-notify either in full or in part the notification issued under sub-section (2). In our opinion, the redressal mechanism is available only with respect to notifications published relating to the properties falling under clause (e) of Section 22-A. Hence, any grievance of the parties with reference to the properties covered by clauses (a) to (d) will have to be questioned by the aggrieved parties only by appropriate proceedings before a competent Court and the adjudication by such Court would be final. Further, so far as notified properties falling under clause (e) are concerned, the redressal mechanism under sub-section (4) of 1 2016 (2) ALD 236 (FB) = 2016 (1) ALT 550 (FB)

Section 22-A would be able to effectively address the grievance provided the mechanism thereunder is effective, expeditious, fair, and judicious. Thus, in order to make an effective redressal mechanism, we deem it appropriate to direct the respective Governments of both the States to constitute a Committee or establish a Forum within time frame, may be comprising of Principal Secretary of Revenue, Director of Survey and Land Records and a retired Judicial Officer of the rank of a District Judge which shall meet periodically to consider the grievances of the persons affected by the notifications. The Committee shall be empowered to examine relevant records and then pass a reasoned order either accepting or rejecting the grievance by either confirming/deleting/modifying any such property from the notified list of properties.

In our view, such orders passed by the Committee shall be binding on the State as well as on the aggrieved person and in the event of any of them being aggrieved thereby, they shall have to approach a competent Court of Law for redressal of their grievance. Now, it is stated that a Committee is constituted for dealing with the issues relating to deletion of properties which were included under Section 22(1) of the Registration Act and in view of the same, the petitioner is given liberty to submit an appropriate representation to the said Committee for deletion of the above property under Section 22(1) of the Act. As and when such representation is filed, the Committee shall consider the same and pass appropriate orders thereon within a period of three (3) months from the date of filing such representation.

The Writ Petition is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

__________________________ A.RAMALINGESWARA RAO, J 07.02.2018 pln