Matta Venkata Pullayamma, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.21412 OF 2016 ORDER:

The case of the petitioner is that she is the absolute owner and possessor of the Agricultural landed property admeasuring Ac.2.37 cents and Ac.2.37 cents in R.S.No.235/2 and 235/3, respectively of Gurubatlagudem Revenue Village in Chintalapudi Mandal of West Godavari District having acquired the same by way of registered settlement deed dated 28.09.2006 from his brother Mohana Purushottama Rao who acquired the said property by purchase under certificate of sale dated 31.07.2002 issued by the Special Cadre Deputy Registrar/officer on Special Duty, the District Cooperative Central Bank Limited, No2965, Eluru in EP.No.5070/99-2000 and that the said land is not assigned land.

But, the respondents recorded the said land as Assigned land in the list of prohibited lands for registration being maintained by the office of respondents 4 and 5 under Section 22A of the Registration Act, 1908. While so, when the petitioner applied for valuation particulars of the said land, the 5th respondent informed that the subject lands are assigned lands. Immediately, the petitioner made a representation dated 20.11.2015 requesting the respondents to delete the said lands from the list of assigned lands and prohibitory list of registration. But, as no action is being taken, present writ petition is filed. Heard learned counsel for the petitioner submits that the Division of this Court in Sub-Registrar, Srikalahasti, Chittoor District and another v. K.

Guravaiah and another[1] held that the lands purchased in the auction conducted by the Co-operative Banks does not attract the provisions of the A.P.Assigned Lands (Prohibition of Transfers) Act, 1977. Heard learned Assistant Government Pleader for Revenue. In view of the above facts and circumstances the writ petition is disposed of directing the respondents to dispose of the representation dated 20.11.2015 filed by the petitioner by taking into account the Division Bench Judgment referred to supra and take action accordingly, within a period of two months from the date of receipt of a copy of this order. No order as to costs. With the above direction, the writ petition is disposed of.

disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. _________________________ A.RAJASHEKER REDDY,J 04.07.2016 tk [1] 2009(2) ALD 250 (DB)