THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24012 of 2013 Dated : 05.06.2014 Between:
M.Dhanvanthudu, S/o M.Laxmanna, 45 yrs., R/o Dinnedevarapadu Village, Kurnool Mandal, Kurnool District.
.. Petitioner And State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24012 of 2013 ORDER :
The case of the petitioner is that he is the owner of the land to an extent of Ac.0.82 cents in Survey No.173 of Dinnedevarapadu Village, Kurnool Mandal and District. The petitioner claims that it is his ancestral property and the petitioner is in possession and enjoyment of the same. He was also issued pattadar passbook and title deeds. The petitioner contemplated to sell the said land and approached the Sub-Registrar. He was shocked to know that the Joint Sub-Registrar vide his letter dated 26.02.2010 informed that the land of the petitioner is included in the list of prohibited properties. Aggrieved thereby, this writ petition is instituted.
2. When the matter is taken up for consideration, the learned counsel for the petitioner submits that in similar circumstances concerning the same village, this Court passed orders on 12.03.2012 in W.P.No.29624 of 2011 and prays to grant similar directions in this writ petition.
3. Learned Assistant Government Pleader has no objection for disposal of the writ petition in terms of the submissions made by the learned counsel for the petitioner.
4. Having regard to the aforesaid submissions, this Writ Petition is disposed of with the following directions,
a) it shall be open to the petitioner to make a representation to the 3rd respondent with a request to delete the land in Survey No.173 of Dinnedevarapadu Village, Kurnool Mandal and District from the list of prohibited land communicated to the 4th respondent.
b) If, on verification, the 3rd respondent comes to the conclusion that the assignment was made before 1954 and there did not exist any condition prohibiting alienation, he shall delete the land from the list communicated to the 4th respondent, forthwith.
c) If, on the other hand, it emerges that the land was assigned subsequent to 1954 and condition was incorporated prohibiting alienation, the petitioner shall not be entitled to any relief.
There shall be no order as to costs.
Consequently, Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
JUSTICE P.NAVEEN RAO Date : 05.06.2014 ssp