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2025 DAILYLAW 11782 (AP)

MYGALAPU SRINIVASA RAO v. The State of Andhra Pradesh

WP/7059/2025 · 2025-03-19

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7059 OF 2025 Between: Mygalapu Srinivasa Rao, s/o Satyanarayana, aged about 53 years residing at Kaikalur Village and Mandal, Eluru District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Thullur, Amaravati, 2. The District Collector, Eluru Town, Eluru District, 3. The Tahsildar, Kaikalur Mandal, Kaikalur Eluru District, 4. The Revenue Divisional Officer, Eluru, Eluru District, 5. The Sub Registrar, Kaikalur, Kaikalur Mandal, Eluru District. 6. Samayam Satyanarayana, residing at Kaikalur Village Eluru District and Mandal, ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent authorities in taking steps to de notify the land in R.S.No. 268/1 of Kaikalur village and Mandal, Eluru District from the prohibited properties inspite of the legal notice dt. 01-02-2025 followed list of the by personal visits, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to delete the above mentioned lands from the prohibited list. 4 V. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 authorities to delete the land in R.S.No. 268/1 of Kaikalur village and Mandal, Eluru District pursuant to the Legal Notice, Dt. 01-02-2025 pending disposal of the Writ Petition. Counsel for the Petitioner: SRI HEMANTH KUMAR VENNA Counsel for the Respondent Nos. 1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: The Court made the following: ORDER APHC010137352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGAD DA WRIT PETITION NO: 7059/2025 Between: Mygalapu Srinivasa Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. HEMANTH KUMAR VENNA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7059/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief; “to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondent authorities in taking steps to de-notify the land in R.S. No. 268/1 of Kaikalur village and Mandal, Eluru District from the list of the prohibited properties inspite of the legal notice dt. 1.2.2025 followed by personal visits as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to delete the above mentioned lands from the prohibited list and pass such order or orders the Hon’ble Court deems fit and proper under the circumstances of the case and to grant such pass such other order or orders.. Heard learned counsel for the petitioner and learned Government 2. Pleader for the respondents. Learned counsel for the petitioner submits that the respondents not taking any steps to de-notify the land R.S.No.268/1 of Kaikalur Village and Mandal, Eluru District from the list Of the prohibited properties notified under Section 22-A(1)(c) of the Registration Act, 1908. For which, the petitioner issued a legal notice dt.01.02.2025 to the 3. are respondents. Even after receipt of the said legal notice, the respondents neither considered the same nor acted upon. Hence, the writ petition. On the other hand, learned Government Pleader for Revenue would submit that the petitioner did not make any demand by submitting appropriate application through Mee Seva on payment of requisite fee/charges to de-notify the subject property from the list of prohibited properties notified under Section 22-A(1)(c) of the Registration Act, and if the petitioner submits the application in proper mode, the authorities concerned will deal with the same in accordance with law. 4. 5. Having regard to the submission made by the learned counsel for the petitioner and learned Government Pleader for the respondents, without touching into the merits of the case, this Court deems it fit and appropriate to dispose of the writ petition, directing the petitioner to submit an appropriate application through Mee seva on payment of requisite fee for de-notifying the subject property from the list of Prohibited Properties notified under Section 22-A of the Registration Act, 1908 within a period of two (2) weeks from the date of receipt of of this order. On receipt of such application, the respondents are directed to consider the same and pass appropriate orders, within a period of four (04) months, thereafter. a copy With the above directions, the writ petition is disposed of, at the the consent of both the learned counsel. There 6. admission stage, with shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SBCtlQ ER To, 1. The Principal Secretary, Revenue Department, Thullur, Amaravati Guntur District. 2. The District Collector, Eluru Town, Eluru District, 3. The Tahsildar, Kaikalur Mandal, Kaikalur Eluru District, 4. The Revenue Divisional Officer, Eluru, Eluru District, 5. The Sub Registrar, Kaikalur, Kaikalur Mandal, Eluru District. 6. One CC to Sri Hemanth Kumar Venna Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT DATED:19/03/2025 ORDER WP.No.7059 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS