APHC010523822021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.560/2022 Between: K Balarama Murthy ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G M SWAMULU Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: ORDER:- 1. It is the case of the petitioner that one Smt. Chakka Lakshmi Devi is the absolute owner and possessor of land admeasuring an extent of 306 sq. Yards, Plot No.16 in Sy.No.527/3 of Chowdavaram Village, Guntur Mandal & District, having purchased the same by virtue of registered Sale Deed dated 25.09.1990 vide document No.1371 of 1990. 2. The said Chakka Lakshmi Devi intend to alienate the subject land in favour of the petitioner and after negotiations a Sale Deed dated 28.12.2018 was prepared and the same was presented before the 4th respondent for registration. The said authority refused to register the said document after assigning with pending document No.519/2018 by virtue of intimation of refusal No.1/2019, dated 02.01.2019 on the ground that the subject property is covered under list of prohibited properties issued under Section 22-A (1) (e)(a) of Registration Act, 1908. The said refusal order dated 02.01.2019 is assailed in the present writ petition. 3. The respondent Nos.4 & 5 filed counter affidavit stating that the writ petition is not maintainable in view of availability of alternative remedy of filing appeal under Section 71 of Registration Act, 1908. It is further contended that the property is enumerated in prohibited property list issued under Section 22- A of the Registration Act, 1908. Therefore the same cannot be registered and it was rightly refused to register. 4. During the course of hearing of the writ petition, the counsel for the petitioner brought to the notice of this Court that his vendor Smt.Challa Lakshmi Devi filed writ petition vide WP No.2551 of 2019 before this Court questioning the impugned endorsement in the present writ petition. This Court by order dated 01.03.2019 disposed of the writ petition, directing the petitioner therein to submit a representation within a period of two (02) weeks from the date of receipt of copy of the said order to the District Collector for deletion of subject lands from the prohibited list of properties issued under Section 22-A of the Registration, 1908. 5. It is further directed that the District Collector shall consider the said representation in accordance with G.O.Ms.No.575 Revenue (Assignment-1), Department, dated 16.11.2018 and Circular Memo No.23241/Assn.I/2014, dated 29.11.2018 within a period of four (04) weeks from the date of submission of representation and the decision taken thereon shall be communicate to the petitioner. 6. It is further submitted by the counsel for the petitioner that in pursuance of the said order, his vendor made a representation to the District Collector and thereafter a report was called for from the Revenue Divisional Officer and Tahsildar concerned in the matter. The petitioner further contends that the factum of filing of writ petition by his vendor came to his knowledge very recently. 7. With the above submissions, the counsel for the petitioner requested this Court to grant liberty to him to make representation before the District Collector seeking to delete the subject property from the list of prohibited property issued under Section 22-A of the Registration Act, inasmuch as the subject land was assigned prior to 1954 and in view of G.O.Ms.No.575, dated 16.11.2018, there is no embargo for the 4th respondent to register the subject property. 8. Taking into consideration of the submissions made by both parties, the present writ petition is disposed of directing the petitioner to submit representation to the 2nd respondent within a period of two (02) weeks from the date of receipt of the copy of this order and upon receipt of the said representation, the 2nd respondent is further directed to dispose of the same within a period of six (06) weeks thereafter. 9. With the above observations, the writ petition is disposed. No order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR 03.04.2025 DR 253 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.560 of 2022 Date: 03.04.2025 DR