Smt. B Surya Kumari, Chittoor Dist. v. The State Of A.P.,Revenue,Hyd.,And 3 Otrs.

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.32613 OF 2016 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader.

The petitioner states he purchased the land in Survey No.21/2 to an extent of Acs.1.20 cents, out of total extent of Acs.1.86 cents, situated in Thimminaidupalem Village from his vendor, Sri K.Venkata Narasaraju, under registered sale deed dated 03.04.1985. The petitioner's vendor was assigned the said land, as he was a political sufferer, vide DKT No.572/4/1394, dated 04.01.1985. The third respondent mutated his name in the revenue records. The Government issued G.O.Ms.No.1743, dated 26.08.1959, relaxing certain conditions in respect of the lands assigned to the political sufferers and one such condition is that the lands assigned to the political sufferers may be sold at any time and there is no restriction on the alienation of the said lands.

While so, the petitioner intended to sell the land and approached the fourth respondent to ascertain the market value to execute the sale deed and the fourth respondent refused to register the same and informed through an endorsement that the subject land was included in the Prohibitory List. Challenging the action of the respondents in including the land of the petitioner in the Prohibitory List, the present writ petition is filed. This Court in Vinjamuri Rajagopala Chary and Others vs. State of A.P.,1 considered the said issue and held as follows: 35.

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 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.

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 20.02.2018 pln