Pathakota Rama Devi, v. The State Of Andhra Pradesh,
THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.46994 OF 2018
O R D E R
The case of the petitioners is that they are the owners and possessors of the subject land to an extent of Acs.6.56 cts. situate in Sy.No.536 of Pottur Village, Guntur mandal and District. Their case is that the subject land was assigned under patta No.379 under B.S.O. - 15 to one Kidambi Varadacharyulu and others, during the year 1922, and subsequently, by virtue of registered sale transactions, the land was transferred and eventually, the petitioners became owners and possessors. Now, aggrieved by the action of the respondents in continuing the subject land of the petitioners, in the list of prohibited properties under Section 22-A of the Registration Act, 1908, under G.O.Ms.No.197 Revenue (ASSN.I) Department dated 05.05.2016, the present writ petition is filed.
Learned counsel for the petitioners submit that Government issued G.O.Ms.No.575 Revenue (Assignment-l) Department dated 16-11-2018 for deletion of Government lands assigned prior to 18.06.1954 from the purview of Section 22-A of Registration Act, 1908 and as the subject land was assigned prior to 1954, the same may be directed to be deleted from the list of prohibited properties for registration. He submits that this court considering similar facts and circumstances in W.P.No.42044 of 2018 dated 23.11.2018 allowed the writ petition and directed for deletion of subject lands from the list of prohibited properties and hence similar order may be passed.
Learned Assistant Government Pleader for Revenue, on instructions, does not dispute the same.
In view of the same, the present writ petition is allowed, setting aside the inclusion of the petitioners' land in an extent of Acs.6-56 cts. situate in Sy.No.536 of Pottur village, Guntur Mandal and District, in the prohibited list of properties annexure to G.O.Ms.No.197, Revenue (Assn.I) Department dated 05.05.2016.
Interlocutory applications pending, if any, shall stand closed. No costs.
-------------------------------------- A.RAJASHEKER REDDY,J DATE:27-12-2018 AVS