APHC010565352018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 26789/2018 Between: 1. SMT. KURUBA LINGAMMA, W/O. LATE RAMAIAH, AGED 62 YEARS, OCC-CULTIVATION, R/O. KUBAVANDLAPALLI VILLAGE, PENUKONDA MANDAL, ANANTHAPURAMU DISTRICT ANDHRA PRADESH STATE. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (REGISTRATIONS AND STAMPS) DEPARTMENT, STATE. SECRETARIAT AT VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE. 3. THE DISTRICT REGISTRAR, HINDUPUR, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE. 4. THE SUBREGISTRAR, PENUKONDA, ANANTHAPURAMU DISTRICT. ANDHRA PRADESH STATE. 5. THE TAHSILDAR, PENUKONDA MANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate writ, or order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in including the property of the petitioner in Sy. No. 43/10 situated 2 VS,J W.P.No.26789 of 2018 at Kurubavandlapalli village, Penukonda Mandal, Ananthapuramu district in prohibited list, as highly illegal, arbitrary and unconstitutional being violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, principles of promissory estoppel and doctrine of legitimate expectation and consequently direct the 2nd respondent herein to delete the property of the petitioner in Sy. No. 43/10 situated at Kurubavandlapalli village, Penukonda Mandal, Ananthapuramu district from the prohibited list of properties, in the interest of justice and pass IA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No 2 herein to delete the property of the petitioner in .Sy. No. 43/10 situated at Kurubavandlap.alli village, Penukonda Mandal, Ananthapuramu district from the prohibited list of properties, pending disposal of the writ petition, in the interest of justice and pass Counsel for the Petitioner: 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) The Court made the following: 3 VS,J W.P.No.26789 of 2018 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in including the property of the petitioner in Sy.No.43/10 situated at Kurubavandlapalli village, Penukonda Mandal, Ananthapuramu district in prohibited list, as highly illegal, arbitrary and unconstitutional being violative of Articles 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, principles of promissory estoppel and doctrine of legitimate expectation and consequently direct the 2nd respondent herein to delete the property of the petitioner in Sy.No.43/10 situated at Kurubavandlapalli village, Penukonda Mandal, Ananthapuramu district from the prohibited list of properties ….” 2. Brief facts of the case are as follows: a) Originally the land admeasuring Ac.2.45 cents in Sy.No.43/10, situated at Yerramanchi Village, Penukonda Mandal, Ananthapuramu District, was Government land. The erstwhile Government of Andhra Pradesh granted a D-Form patta in favour of one Subbanna, S/o H.Hanumappa, R/o Venkatagiripalem Village, Penukonda Mandal, Ananthapuramu District, as per the terms and conditions stipulated in G.O.Ms.No.1142 issued in respect of the said property. b) The case of the petitioner is that she purchased the said property from the original assignee, i.e., Mr.Subbanna, under a registered Sale Deed dated 26.04.1988 and since then she has been in peaceful possession and 4 VS,J W.P.No.26789 of 2018 enjoyment of the said property. It is also the case of the petitioner that her name was mutated in the revenue records. c) While the things stood thus, the 5th respondent issued a notice dated 22.05.1997 in Rc.No.717/97 informing the petitioner that one Mr.Subbanna was granted a D-Form patta in respect of the land admeasuring Ac.2.45 cents in Sy.No.43/10, situated at Kurubavandlapalle Village, Penukonda Mandal, Ananthapuramu District, and that the petitioner has been cultivating the said land for the last nine years, and also directed her to appear before the Mandal Revenue Officer, Penukonda, on 28.05.1997 and explain as to how she had acquired the said property. In pursuance of the said notice, the petitioner appeared before the Mandal Revenue Officer and furnished Sale Deed No.721/1988 executed in her favour. It is the further case of the petitioner that thereafter there was no response from the 5th respondent. But, however, the petitioner recently came to know that the 2nd respondent had forwarded a list of prohibited properties to the 4th respondent, wherein the land in Sy.No.43/10 claimed by the petitioner was also included in the said list. Aggrieved by the said action of the 2nd respondent, the present writ petition has been filed. 3. Learned Assistant Government Pleader for Revenue submitted that if the petitioner is aggrieved by the inclusion of the subject property in the prohibited properties list, she may approach the Grievance Redressal Committee. 4. On a perusal of the affidavit filed in support of the writ petition and the material placed on record, it appears that the petitioner purchased the subject 5 VS,J W.P.No.26789 of 2018 land from the original assignee under a registered Sale Deed dated 26.04.1988. It further appears that the subject property has been included in the list of prohibited properties maintained under Section 22-A of the Registration Act, 1908. If the petitioner seeks deletion of the subject property from the prohibited list, the petitioner is required to approach the Grievance Redressal Committee headed by the District Collector by way of an application as required under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016. Without availing the said remedy, the petitioner has directly approached this Court. 5. In view of the same, without going into the merits of the case, this Court feels it appropriate to direct the petitioner to submit an application before the Grievance Redressal Committee seeking deletion of the subject property from the prohibited properties list, as contemplated under G.O.Ms.No.300, Revenue (Assn.I) Department, dated 05.07.2016. Upon submission of the said application, the 2nd respondent/District Collector shall consider the same and pass appropriate orders, in accordance with law. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 19.06.2026 KGR