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2019 DIGILAW 11 (AP)

Tellagam Setty Babu v. State of Andhra Pradesh

2019-02-04

M.SEETHARAMA MURTI

body2019
ORDER : M. SEETHARAMA MURTI, J. 1. This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief/s: "..to issue writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the Endorsement of the District Collector/2nd respondent in Roc.F6/12/22 lands/CNg/2018, dated 1-11-2018, rejecting the application of the petitioner for deletion of his land in Sy. No. 307/2A, B, admeasuring Ac. 5.52 cents, situated at Chandragiri village and Mandal, Chittoor District from the list of prohibited properties under Section 22-A of the Registration Act and also the action of the Registering authority in not registering the document in respect of subject land, as being arbitrary, illegal, unreasonable and contrary to the provisions of the Registration Act and the orders of the Government and also violative of Articles 21 and 300-A of the Constitution of India and set aside the said endorsement and issue a consequential direction directing the registering authority to register the said land without treating the same as prohibited property and pass such other order or other orders as this Hon'ble Court deems fit and proper." 2. I have heard the submissions of Sri A. Giridhar Rao, learned counsel appearing for the petitioner; of the learned Government Pleader for Revenue appearing for the respondents 1 to 5; and, of the learned Government Pleader for Stamps and Registration appearing for the 6th respondent. I have perused the material record. 3. Learned counsel appearing for the petitioner submits that since the assignment is prior to 1954, the issue involved in the present writ petition is covered by the terms of G.O.Ms. No. 575, dated 16.11.2018, whereby, the Government ordered for deletion of Government lands assigned prior to 1954 from the purview of Section 22-A of the Registration Act, 1908. He, therefore, prays for granting the relief. 4. Learned Government Pleader, while not disputing the factual matrix, would submit that pursuant to the GO, the Government have issued a Circular Memo No. 23241/Assn.1/2014, dated 29.11.2018, whereby the District Collectors are requested to follow the guidelines for implementation of the terms of G.O.Ms. No. 575, dated 16.11.2018, and submits that in view of the said circular memo, the matter requires to be examined by the Collector, who has to take a decision as to the deletion of the subject property from the prohibited list of properties. 5. No. 575, dated 16.11.2018, and submits that in view of the said circular memo, the matter requires to be examined by the Collector, who has to take a decision as to the deletion of the subject property from the prohibited list of properties. 5. Having regard to the submissions, the Writ Petition is disposed of setting aside the endorsement and directing the 2nd Respondent-Collector to take an appropriate decision in the matter as per the terms of the G.O.Ms. No. 575, dated 16.11.2018, and the circular memo referred to supra, as expeditiously as possible, preferably within two months from the date of receipt of a copy of this order, and communicate the decision taken thereon to the petitioner within a week thereafter. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.