LAWS(APH)-2021-3-95

P. V. ANJANEYULU Vs. STATE OF ANDHRA PRADESH

Decided On March 23, 2021
P. V. Anjaneyulu Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The petitioner seeks writ of mandamus declaring the action of the 5th respondent in refusing to register the document after giving P.No.224/2020 vide refusal order dated 27.02.2021 in respect of land admeasuring 300 square yards of open land out of Acres 0.72 cents in Survey No.255-3A situated at Kirekera Village Polam, Hindupur Mandal, Anantapur District, simply referring that the above property is notified as prohibited property under Section 22-A(1)(a) of Registration Act, as illegal, arbitrary and unconstitutional and violative of provisions of Registration Act, 1908 and G.O.Ms.No.575, Revenue (Assigned-I) Department, dated 16.11.2018 and for a consequential direction to the 5th respondent to receive, admit the sale deed in respect of the above said land for registration and release the same.

(2.) (A) The petitioner's case, briefly, is that the land in an extent of Acres 1.81 cents in Survey No.255-3 situated at Kirekera Village, Hindupur Mandal, Anantapur District, was originally assigned in favour of one Sri Vaddi Kundeti Venkatappa vide DAR.Dis.No. 289/38, dated 30.04.1929. The said property was succeeded by the brother of the assessee as the original assignee died issueless. The petitioner's vendor succeeded the said property as legal heirs of original assessee and they had been in continuous possession and enjoyment of the property till the date of sale. Petitioner purchased the said property under a registered sale deed dated 17.11.2020 for valid consideration and the petitioner has been in possession and enjoyment of the same.

(3.) Heard the learned counsel for the petitioner and learned Government Pleader for Stamps & Registration representing the respondents.