GUTTULA SUBRAHMANYAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief/s:

(2.) Heard learned counsel for the petitioner and learned Government Pleader for Registration and Stamps appearing for the respondents.

(3.) The case of the petitioner is that, he has purchased the land admeasuring 198 square yards forming part of survey No.367, situated at Kolamuru Village, Rajamahendravaram Rural Mandal of East Godavari District through registered sale deed documents bearing Nos.6215/2002, dated 10.12.2002 and 3210/2004 dated 14.05.2004 respectively registered in the office of the Sub- Registrar, Rajamahendravaram. Since then he has been in possession and enjoyment of the same. When he presented the sale deeds before the respondent No.6-Sub-Registrar for registration of the land in favour of buyers, he was informed that the land in survey No.367, Kolamuru Village is included in the prohibited property list maintained under Section 22-A of the Registration Act and there is prohibition for the registration of the land. Then the petitioner made a mee-seva application to the respondent No.2-District Collector for deletion of the subject property land from the prohibited property list. On his application the respondent No.5-Tahsildar submitted a report dated 06.08.2019 stating that, "the total of an extent of Ac 11.68 cents in survey No.367 of Kolamuru Village of Rajamahendravaram Rural Mandal is classified as "Government Poramboke" and mentioned as "Kankara Gutta Sthalam" in remarks column. Later the same total extent of Ac 11.68 cents in survey No.367 of Kolamuru Village of Rajamahendravaram Rural Mandal was re-classified as "Government Dry" and assigned to "Sri Chavali Rama Murthy Sastry" during the year, 1933 and the changes were incorporated in the A-Register as per East Godavari Collector's Kakinada vide R.Dis.2459/1933, dated 19.05.1933". The assignment of the land was made in the year 1933 as per G.O.Ms.No.575 Revenue (Assnt-I) Department, dated 16.11.2018, wherein the Government directed the revenue authorities to remove the lands which were assigned prior to the year 1954 from the prohibited properties list under Section 22-A of the Registration Act. Accordingly, the respondent No.5-Tahsildar vide Ref(B) 160/2019 dated 06.08.2019 recommended to remove the land to the total extent of Ac 11.68 cents in survey No.367 of Kolamuru Village of Rajamahendravaram Rural Mandal from the prohibited properties in Annexure-II under Section 22A(1)(b) of Registration Act, 1908.