Andhra Pradesh High Court – Amravati
KARAMPUDI CHENNAKESAVA RAO vs THE STATE OF ANDHRA PRADESH
BENCH – THE HON’BLE SRI JUSTICE B. KRISHNA MOHAN
WRIT PETITION No.8233 of 2023
DATE OF JUDGEMENT – 24 MAY 2023
FACTS
The grievance of the Writ Petition was that the subject property in an extent of Ac.4.32 Cents in Survey No.92/1 and 2 Cents in Survey No.96/1 of Harischandrapuram, Tullur Mandal, Guntur District is placed under prohibited list U/s 22A (1) (c) of the Registration Act, 1908.
The Counsel for the petitioner submits that, the Ryotwari Patta issued for an extent of Ac.11.06 Cents and the Ac.11.60 Cents respectively and the names of the Ryothwari Patta Holders are also mentioned in the said Form-VIIIissued by Inams Deputy Tahsildar, Guntur dated 15.04.1962. The petitioner purchased the subject property from one of the Ryotwari Pattadars by name Ichampati Pardhasaradhacharyulu. The Form-2 decision under Andhra Inams (Abolition and Conversion into Ryotwari) Act,1956 also discloses that, it is a inam land, it is in a Ryotwari village and it is not held by any institution mentioning the details of the Survey Number and the extent therein. While so, the 3rd respondent (The Commissioner) addressed a letter to the 2nd respondent (The Commissioner and Inspector General) on 08.06.2016 including the subject land covering for an extent of Ac.11.06 Cents and Ac.11.60 Cents respectively recommending the place the subject properties under the prohibited list showing the ownership as Sri Venkateswara Swamy Temple, Vykuntapuram Village, Amaravarhi Mandal, Guntur District.
The Counsel for the petitioner submits that, the subject land is a Inam land and it was purchased duly from one of the Inamdars of the Ryotwari Pattadar Holder by the petitioner’s wife. After her demise, the petitioner became the owner and possessor of the subject land for an extent of Ac.4.32 Cents in Harischandra Puram Village, Tullur Mandal, Guntur District, and it shall treated as private land and it cannot be treated by any stretch of imagination, as temple land is recommended by 3rd respondent to the 2nd respondent under his letter dated 08.06.2016 for which, he also relies upon the decision of this court in W.P.No.36682 of 2017 dated 17.11.2022.
The learned Government Pleader’s submits that, the petitioner has to make an application to the 3rd respondent at the first instance, so that he can take a decision on it by verifying the records and the nature of the land involving.
JUDGEMENT
In view of the above said facts and circumstances, this court held that the petitioner was permitted to make an application to the 3rd respondent for deletion of the subject property from the prohibited list within a period of three weeks from the date of receipt of this order by enclosing all the necessary documents in order to substantiate his case. On receipt of the same, the 3rd respondent shall consider and pass appropriate orders on the application of the petitioner within a period of three months thereafter. By hearing, all the parties concerned and upon verification of the records and the subject land. Liberty was given to the petitioner to enclose all the documents concern relying to the subject land for establish his claim. Accordingly, the Writ Petition was disposed of by this hon’ble court.
JUDGEMENT REVIEWED BY HARSHIT JAIN
Click here to view the judgement
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
