HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.28031 OF 2014 Date: 27.10.2014 Between :
Meda Vijayakumar Reddy, s/o. Sivarami Reddy, Aged 55 years, Occu: Business, r/o.Flat No.204, Vishnu Apartments, Birla Compound, Kurnool, Kurnool District … Petitioner and Government of Andhra Pradesh, rep.by its Principal Secretary to Government, Revenue (Stamps & Registration) Department, A.P.Secretariat, Hyderabad and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.28031 OF 2014 ORDER:
Petitioner claims to have purchased huge extent of land in six villages, namely, Chinagantyada, Chattivaripalem, Vadlapudi, Jaggarajupeta, Tungalam and Fakirekya of Gajuwaka Mandal from the pattadars. When the deeds of conveyance were presented before the Sub-Registrar, Gajuwaka, Visakhapatnam (3rd respondent), the 3rd respondent passed orders of refusal dated 23.04.2009 holding that as the lands are assigned to Andhra Pradesh Industrial Infrastructure Corporation (APIIC), no deed of conveyance can be entertain on the said properties. Aggrieved thereby, petitioner filed Appeal Nos.2 to 12 of 2011 before the District Registrar, Visakhapatnam (2nd respondent). Alleging that Appeals are not disposed of so far, the writ petition is instituted.
2. Learned counsel for the petitioner contends that the lands which petitioner purchased are private patta lands and these properties were never assigned to APIIC and on wrong information furnished to the Sub-Registrar, the Sub-Registrar illegally refused to register the deeds of conveyance. He further contends that the District Registrar illegally kept the Appeals pending on the assumption that there are acquisition proceedings with regard to the subject land. Having waited for considerable time, petitioner and others have filed application under Right to Information Act eliciting information from the Special Deputy Collector, Land Acquisition, IDP & APIIC, Visakhapatnam. The Special Deputy Collector, vide his letter Rc.No.71/2014/B, dated 31.07.2014 informed that no acquisition was taken for the purpose of APIIC in the villages mentioned above. Learned counsel, therefore, submits that in view of the information now furnished, it is clear that the lands which the petitioner purchased were never acquired and they are the private patta lands.
3. Since the Appeals filed by the petitioner are pending before the 2nd respondent, this writ petition is disposed of directing the 2nd respondent to pass appropriate orders as warranted by law on the Appeals filed by the petitioner, as expeditiously as possible, preferably within a period of six weeks from the date of receipt of copy of this order. While considering the Appeals, the 2nd respondent shall take into consideration the information furnished by the Special Deputy Collector, Land Acquisition, APIIC, Visakhapatnam vide his letter dated 31.07.2014 and if necessary by affording opportunity of personal hearing to the petitioner. The 2nd respondent shall also put on notice the APIIC before passing orders. Petitioner is entitled to appear and present his version on the issue before the 2nd respondent.
Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed. No costs.
JUSTICE P.NAVEEN RAO Date: 27.10.2014 Kkm HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.28031 OF 2014 Date: 27-10-2014 kkm