High Court for State of TelanganaWP/47479/2018allowed no costs

Devarapu Pullaiah, v. The State Of Andhra Pradesh,

2018-12-31A.Rajasheker Reddy4 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.47479 of 2018 ORDER:

This writ petition is filed challenging the action of the 1st respondent in including the petitioner's land which was originally granted on payment of market value to an extent of Acs.3.89 cents situated in Sy.No.274/B6 (Ac.0.81 cts) 274/B7 (Ac.0.96 cts) and Sy.No.274/B8 (Ac.2.12 cts) of Nambur Village, Pedakakani Mandal, Guntur District Andhra Pradesh in the prohibitory list contained in the annexure to G.O.Ms.No.197, Revenue (Assgn.I) Department dated 05.05.2016 at serial No.2435, under Section 22-A(1)(e) of the Registration Act, 1908, as illegal and arbitrary and consequently to set aside the same.

Heard learned counsel for the petitioner, who submits that the issue in this Writ Petition is squarely covered by the orders of this Court in WP No.46074 of 2018 dated 21.12.2018 and same is not disputed by the learned Assistant Government Pleader for Revenue appearing for respondents and that he also produced written instructions dated 31.12.2018 from the Tahsildar, Pedakakani Mandal stating that the subject land was assigned on payment of market value.

In view of the same and for the reasons alike in the order dated 21.12.2018 in WP No.46074 of 2018, this Writ Petition is also allowed, setting aside the inclusion of petitioner's lands cents situated in Sy.No.274/B6 (Ac.0.81 cts) 274/B7 (Ac.0.96 cts) and Sy.No.274/B8 (Ac.2.12 cts), totaling Acs.3.89 of Nambur Village, Pedakakani Mandal, Guntur District Andhra Pradesh in the prohibited list of properties as stated in Annexure to G.O.Ms.No.197, Revenue (Assign.1)Department, dated 05.05.2016. There shall be no order as to costs. As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. Let a copy of order in WP No.46074 of 2018 dated 21.12.2018 be annexed with this order.

____________________________ A.RAJASHEKER REDDY, J 31.12.2018 tk

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No.47479 of 2018 Date: 31.12.2018 tk