L.Srinivasa Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.19180 OF 2016 ORDER:

The case of the petitioners is that they purchased an extent of Ac.7-00 cents in survey No.401/5P of Kapuluppada village, Bheemunipatnam Mandal, Visakhapatnam from their vendors under separate documents and when they presented the documents before the 4th respondent for registration, the 4th respondent had passed order dt.28.01.2013 refusing registration, stating that the subject land is classified as government land as per the Gazette Notification No.481, dt.15.11.2003 and Rc.No.5188/2011/F2, dt.11.05.2012 passed by the District Collector. Against the same, petitioners preferred appeal to the 3rd respondent on 23.02.2013 in Appeal Nos.2 to 7 of 2013, and the 3rd respondent is not disposing of the said appeals. Aggrieved by the same, this Writ Petition is filed seeking a direction to the 3rd respondent to dispose of the appeals filed by the petitioners.

2. Learned Counsel for the petitioners state that a Full Bench of this Court has considered the issue of deletion of lands from Prohibitory list under Section 22A of Registration Act in Vinjamuri Rajagopala Chary and Others v. Principal Secretary, Revenue Department, Hyderabad and others[1] and issued certain guide lines in that regard. He also contended that the petitioners succeeded in the litigation against the Government in all forums up to CCLA for deletion of the subject land from prohibitory list, but the respondents are refusing to register the documents.

3. Since it is stated that the Appeals No.2 to 7 of 2013 filed against the order of the 4th respondent dt.28.01.2013 are pending

before the 3rd respondent, the 3rd respondent is directed to dispose of the said appeals within a period of four (04) weeks from the date of receipt of a copy of this order, keeping in view the Full Bench judgment of this Court in Vinjamuri Rajagopala Chary's case(1 supra).

4. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

5. Consequently, miscellaneous petitions, if any, pending shall stand closed.

____________________________ A. RAJASHEKER REDDY, J 20th June, 2016.

gra [1] 2015 LawSuit (Hyd) 824 = 2016 (1) ALT 550