PERUBOYINA KOTAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) 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, dtd. 7/8/2021 vide refusal order No.3 of 2021, dtd. 16/8/2021 as confirmed by respondent No.4 in Appeal No.5 of 2021 dtd. 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 4/6/2012. The appeal filed by the State represented by the District Collector, Nellore and others with condone delay petition was dismissed on 5/6/2015. Notwithstanding the decree in the suit, the property was included in the list of prohibited properties under Sec. 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.