S.IDRIS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:

(2.) Learned counsel for the petitioner submitted that the petitioner herein filed an application dtd. 17/9/2021 through MeeSeva for deletion of the land in Sy.No.211-1B to an extent of Ac.3.74 cents situated at Kakkalapalle village, Anantapuramu Mandal, from the prohibited property list under Sec. 22A(1)(A) of Indian Registration Act, 1908. As there is no action on the said application, the petitioner herein was compelled to file Writ Petition bearing No.28966 of 2021 questioning the inaction of the revenue authorities in deletion of the subject land from the prohibited properties list. The said Writ Petition was disposed of by this Court vide order 8/12/2021, directing the District Collector to dispose of the application dtd. 17/9/2021 submitted by the petitioner on its own merits in accordance with law.

(3.) As the 2nd respondent is not disposed of the said application, the petitioner herein constrained to file contempt case. Thereafter, the District Collector rejected the request of the petitioner for deletion of the subject land from the prohibited property list under Sec. 22A(1)(A) of Indian Registration Act, 1908, on the ground that there is no proof of documentary evidence filed by the petitioner that the said land was assigned prior to 18/6/1954 in terms of G.O.Ms.No.575 Rev. (Assign.I) Department, dtd. 16/11/2018, vide proceedings dtd. 26/6/2022 in Rc.No.E4/2191/2022. The said order of the District Collector was assailed in the present Writ Petition on the ground that the petitioner herein filed W.P. No.15756 of 2013 before the erstwhile common High Court of Andhra Pradesh and the High Court vide its order dtd. 5/7/2013, disposed of the Writ Petition on the basis of the written instruction furnished by learned Government Pleader for Revenue, addressed by the Tahsildar, Anantapur Mandal, which reflects that the subject lands were assigned under proceedings dtd. 3/8/1951.