Peruboyina Kotaiah, S/o Sayaiah v. State of Andhra Pradesh, rep by its Principal Secretary, Department of Revenue
2024-06-20
SUBBA REDDY SATTI
body2024
DigiLaw.ai
ORDER : Subba Reddy Satti, J. The above writ petition is filed to declare the action of respondent No.5 in refusing to register the sale deed bearing P.No.98/2021, dated 07.08.2021 vide refusal order No.3 of 2021, dated 16.08.2021 as confirmed by respondent No.4 in Appeal No.5 of 2021 dated 20.12.2021 in respect of property of an extent of Ac.1.40 cents in Sy.No.55-1A of Pedaparia Village Accounts, Ozili Mandal, Tirupati District, as illegal and arbitrary. 2. Heard Sri V.Eswaraiah Chowdary, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.4 & 5. 3. Learned counsel for the petitioner would submit that the petitioner along with one Gunduboina Srinivasulu filed O.S.No.254 of 2009 against the State of Andhra Pradesh represented by the District Collector, Nellore District, on the file of the Senior Civil Judge, Gudur for declaration of title and consequential injunction in respect of aforementioned properties. The said suit was decreed on 04.06.2012. The appeal filed by the State represented by the District Collector, Nellore and others with condone delay petition was dismissed on 05.06.2015. Notwithstanding the decree in the suit, the property was included in the list of prohibited properties under Section 22A(1)(A) of the REGISTRATION ACT . In view of the same, the document presented by the petitioner in respect of land of an extent of Ac.1.40 cents in Sy.No.55-1A was not entertained. He also would submit that the endorsement of the Sub-Registrar as confirmed by the appeal registry is liable to set aside. 4. At the hearing, learned Assistant Government Pleader would produce the proceedings of the Chairperson, District Level, Committee vide Rc.E2/697/2024, dated 15.06.2024 for updation in respect of survey numbers against which dots were noted. A perusal of proceedings of the learned District Collector would disclose that in respect of land of an extent of Ac.1.40 cents in Sy.No.55-2A; Ac.1.45 cents in Sy.No.55-1b and Ac.2.50 cents in Sy.No.55-2a, the District Collector directed the District Registrar, Tirupati to delete the said lands from the list of prohibited properties of REGISTRATION ACT , 1908 (hereinafter referred to as ‘the Act’). Copy of said proceedings is placed before this Court. 5.
Copy of said proceedings is placed before this Court. 5. Since the committee headed by learned District Collector issued proceedings to delete the lands of petitioner, and the same was communicated to the District Registrar on 20.12.2021, confirming the refusal order dated 16.08.2021 passed by the Joint Sub-Registrar, Naidupet is hereby liable to be set aside. 6. Given the facts and circumstances of the case, the Writ Petition is disposed of by setting aside the confirming order by respondent No.4 in Appeal No.5 of 2021 dated 20.12.2021. The respondent No.5 shall entertain the document dated 07.08.2021 presented by the petitioner vide P.No.98/2021 and process the same subject to compliance with the provisions of the REGISTRATION ACT , 1908 and Indian Stamps Act, 1899. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.