Kesaboina Rama Prasad v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.44345 of 2018 ORDER:

Aggrieved by the action of the 4th respondent in refusing to register the document P.No.31/2017 of the petitioner in respect of land to an extent of Ac.0.48 cents in Sy.No.121 situated at Krishnayapalem village, Mangalagiri Mandal, Guntur District (for short 'the subject land'), keeping the subject land in the list of prohibited properties, this Writ Petition is filed.

It is the case of the petitioner though the subject land is assigned prior to 1954, but the subject land is included in the list of prohibited properties under Section 22-A(1)(a) of the Registration Act, 1908, vide Rc.No.2207/2015-E5, dated 25.04.2016 in the annexure as approved by Government vide G.O.Ms.No.197, Revenue (Assn-I) Department, dated 05.05.2016.

A perusal of the impugned proceedings goes to show that the subject land is assigned prior to 1954. The Government of Andhra Pradesh has issued G.O.Ms.No.574, dated 16.11.2018 for deletion of lands which are assigned prior 1954, from the list of prohibited properties as per Section 22-A of the Registration Act. In spite of the same, the 4th respondent has passed order refusing to register the document presented by the petitioner.

When impugned proceedings show that the subject land is assigned prior to 1954, the question of continuation of the same in the list of prohibited properties under Section 22-A of the Act does not arise.

In view of the same, this writ petition is allowed directing the 4th respondent to entertain the documents presented by the petitioner in respect of the subject property and register the same, if not prohibited for registration by any order/injunction/attachment, passed by a court, or competent authority.

There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. ___________________________ A.RAJASHEKER REDDY,J 12-12-2018 kvs

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.44345 of 2018 Date: 12.12.2018 kvs