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High Court for State of TelanganaWP/45459/2018allowed no costs

Yarram Vara Prasada Reddy, v. The State Of Andhra Pradesh,

2018-12-14A.Rajasheker Reddy2 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.45459 of 2018 ORDER:

It is the case of the petitioner though the subject land is assigned prior to 1954, but the subject land i.e., land to an extent of Ac.0.53 cents in D.No.127/1 and an extent of 0.40 cents in Sy.No.127/2, total admeasuring 0.93 cents, situated at Krishnayapalem Village, Mangalagiri Mandal, Guntur District, is included in the list of prohibited properties under Section 22-A of the Registration Act, 1908 vide proceedings issued in Rc.No.2207/2015-E5, dated 25.04.2016 .

A perusal of G.O.Ms.No.197, dated 05.05.2016 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 view of the same, impugned order dated 16.01.2017 passed by the 5th respondent refusing to register the document presented by the petitioner, cannot be sustained and 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 5th 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.

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.45459 of 2018 Date: 14.12.2018 kvs