AAMUDALAPALLI VENKATESHWARLU Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2019-4-11
HIGH COURT OF ANDHRA PRADESH
Decided on April 02,2019

Aamudalapalli Venkateshwarlu Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents




JUDGEMENT

M. Ganga Rao, J. - (1.)The petitioner filed this writ petition to declare the order of the Joint Sub-Registrar-I passed in Order No.1 of 2018, dated 10-01-2018 and consequential confirmation of the District Registrar, Prakasam District, passed in Appeal No.1 of 2018 dated 08-05-2018, whereby the respondents refused to register the sale document bearing P.No. 749/2018 executed in respect of plot admeasuring 150 Sq. yards situated in Sy.No.122/10/68, Mamidipalem Village, Ongole Mandal and Prakasam District, as illegal and arbitrary.
(2.)Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appering for the respondents. With the consent of the counsel, the writ petition is taken up for hearing at the admission stage.
(3.)The petitioner states that the land to an extent of Ac.29.92. cents situated in S.No.122/10, Mamidipalem Village, was allotted to the Ongole District Policemen Co-operative Housing Building Society, Ongole (for brevity, hereinafter refered to as 'the Society'), on payment of market value vide G.O.Ms.No.541, dated 25-04-2003. Ini pursuance thereof, the District Collector through proceedings, Rc.No. E3/4433-988 dated 26-05-2003 alienated in favour of the society on payment of Rs. 14,96,000/- and possession of the land was given to the society on 27-08-2003. Thereafter, the society coverted the land into 558 flats as per layout approved by Mamidipalem Panchayat and the plots were allotted to the members of the society. According, Plot No.22 was allotted to the petitioner and the society executed the sale deed. Thereafter, the Government issued G.O.Ms. No.501, dated 28-07-2004 for resumption of land at the instance of the Dalit Organization questioning the G.O. the society filed W.P. No. 13695 of 2004 before the erstwhile High Court of Andhra Pradesh at Hyderabad, and it was allowed on 21-11-2016 setting aside the impugned G.O. pursuant to allowing of the writ petition, the Tahasildar, issued proceedings dated 28-02-2018 stating that the land Ac.29.92 cents belong to the society. Thereafter, the society started executing the sale deeds to its members. When sale deed presented for registration, the 4th respondent strangely passed the impugned order dated 10-01-2018 refusing to register the documents on the ground that the property was classified as Government land as per the proceedings of the District Collector, Ongole, dated 11-12-2017 under Section 22(A)(1)(b) of the Registration Act, against which appeal No.1 of 2018 is preferred before the 4th respondent-District Registrar, but the same is dismissed, by order dated 08-05-2018 confirming the order passed by the Joint Sub-Registrar. Hence, the Society submitted a representation on 15-02-2018 to the 2nd respondent for deletion of the land from the prohibitory order list. AS no orders are passed, the Society filed W.P.No. 43145 of 2017 for deletion of the land from the prohibitory order list. Following the judgment in Vinjamuru Rajagopala Chary v. State of Andhra Pradesh, 2016 1 ALT 550 (FB) = 2016 (2) ALD 236 (FB), the said writ petition is disposed of on 25-01-2018 directing the 2nd respondent to consider and dispose of the representation of the society for deletion of the land from the prohibitory order list, within a period of three months, but no orders are passed so far. As per the list furnished by the District Collector to the Sub-Registrar, Narasaraopet, dated 22-11-2017, the subject land in Sy. No. 122/10 cannot be treated as the prohibited property, wherein it is clearly mentioned that the subject land is alienated to Ongole District Policemen Co-operative Housing Building Society.
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