Y.NAGASUBBAMMA Vs. STATE OF A.P.

JUDGEMENT

(1.) The Writ Petition is filed to declare the action of 1st respondent in including the land in an extent of Ac.2.48 cents in S.No.1540 of Chintakommadinne Village and Mandal, Kadapa District, in prohibited property list of G.O.Ms.No.152 dtd. 27/3/2023 under Sec. 22-A(1)(a) as assigned land and consequential action of 5th respondent in refusing to register the document vide P.No.305 of 2023 dtd. 17/10/2023, as illegal and arbitrary.

(2.) a) Averments in the affidavit, in brief, are that petitioner is the absolute owner of land of an extent of Ac.2.48 cents in S.No.1540 of C.K.Dinne village fields, C.K. Dinne Mandal, YSR District. The petitioner inherited the property from her father-in-law Yeturi Chinna Kondaiah, who, inturn, purchased the same under registered sale deed dtd. 23/3/1967. Records of Rights were updated and the name of petitioner was mutated in 1-B and Adangal and pattadar pass book was also issued.

(3.) a) 2nd Respondent filed counter affidavit. It was contended, interalia, that the petitioner without alternative availing remedy under Sec. 22-A(4) of the Act filed the writ petition and hence, the same is not maintainable. An extent of Ac.2.48 cents in S.No.1540 of C.K.Dinne village is classified in the RSR as Dotted (..) land. Mere registration of the document does not confer any title or right over the Government lands. Sec. 22-A of the Act was inserted in the year 2007. Challenging the same writ petitions were filed. The Full Bench of the composite High Court of Andhra Pradesh in Vinjamuri Rajagopala Chary Vs. State of A.P.,2016 (2) ALD 236 = 2015 SCC OnLine Hyd 407. held that such insertion of Sec. 22-A is not unconstitutional and further framed certain guidelines. Pursuant to said directions, the State Government communicated prohibited properties list to the Registration authorities. The State Government published list of prohibited properties under Sec. 22-A (1)(e) of the Act. Pursuant to the order in W.P.No.32175 of 2012, petitioner did not submit any document for registration, till the Government published the land in the prohibited properties list under Sec. 22-A(1)(e). In view of observation of the Full Bench, if any judgments or observations by the High Court or by any other Officer are inconsistent with the judgment of the Full Bench, the observations made by the Full Bench will prevail and would bind the parties and, therefore, the order in W.P.No.32175 of 2012 dtd. 31/10/2012 does not bind the parties.