P. Reddemma, v. The State Of Andhra Pradesh,

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.43195 of 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking to declare the impugned endorsement of the 5th respondent in refusing to register the document vide P.No.379 of 2017, dated 06-12-2017 on the ground that the land is included in the prohibitory list of lands as being arbitrary and illegal and consequently set aside the impugned endorsement and register the land in question and release the document, in the interest of justice.

2.

Heard learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3.

It is stated by learned counsel for the petitioner that similar issue fell for consideration before the learned single Judge of this Court in W.P.No.29838 of 2018 and this Court by order, dated 28.08.2018, allowed the said writ petition and a Division Bench of this Court in W.A.No.1913 of 2017 also upheld similar decision passed by the learned single Judge in W.P.No.37750 of 2017, dated 13.11.2017, which is not disputed by learned Assistant Government Pleader for Revenue.

4.

In view of the above and for the reasons alike in W.P.No.29838 of 2018, dated 28.08.2018, this Writ Petition is also allowed with a direction to the respondents to delete the land of the petitioner from the list of prohibitory lands issued by respondents 2 and 4 under Section 22-A of the Registration Act, 1908 forthwith; it is open for the petitioner to present the document, if not already

presented for registration in respect of the subject property before the 5th respondent and on submission of the said document, the 5th respondent shall register the same without reference to the Prohibitory list issued under Section 22-A of the Registration Act, 1908, subject to his complying with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908, and not prohibited for registration by any order/injunction/attachment passed by the Court. Consequently, the impugned endorsement dated 06-12-2017 passed by the 5th respondent is set aside. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. _____________________________ A.RAJASHEKER REDDY, J Dated: 15-11-2018 NRG

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.43195 of 2017 Date:15-11-2018 NRG