1 APHC010214482024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10842/2024 Between: 1. THUNGA CHINNAIAH, S/O. SUBBAIAH, AGED ABOUT 63 YEARS, OCC- AGRICULTURE, R/O. D.N0.13-RC-349-14, NEAR CHITHANYA SCHOOL, VEMPALLE VILLAGE AND MANDAL, YSR KADAPA DISTRICT. 2. KOTTURU NAGARAJU, S/O. RAMAIAH, AGED ABOUT 64 YEARS, OCC-AGRICULTURE, R/O. D.NO.2-221, KAPU STREET, VEMPALLE VILLAGE AND MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, PULLIVENDALA YSR KADAPA DISTRICT. 4. THE TAHSILDAR, VEMAPALLE MANDAL, YSR KADAPA DISTRICT. 5. THE SUBREGISTRAR, VEMPALLE, YSR KADAPA DISTRICT ...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 tomay be pleased to issue writ of mandamus or any other writ or 2 writs or order or direction declaring the inaction of 2nd respondent in deleting the petitioners land in Sy.No.226 to an extent of Ac.0-46 Cents and land in Sy.No.227/2 to an extent of Ac.1-13 Cents situated at Vempalle Village and Mandal, YSR Kadapa District from the prohibited list of properties under section 22-A of the Registration Act, 1908 in pursuant to the petitioners application dated 23.09.2023 as illegal and arbitrary and consequently to direct the 2nd respondent to pass necessary orders for deletion of the petitioners land in Sy.No.226 to an extent of Ac.0-46 Cents and land in Sy.No.227/2 to an extent of Ac.1-13 Cents situated at Vempalli Village and Mandal, YSR Kadapa District from the prohibited list of properties under section 22-A of the Registration Act, 1908 and pass IA NO: 1 OF 2024 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 o may be pleased to direct the respondents to dispose the petitioners application dated 23.09.2023 for deletion of the petitioners land in y.No.226 to an extent of Ac.0-46 Cents and land in Sy.No.227/2 to an extent of Ac. 1-13 Cents situated at Vempalli Village and Mandal, YSR Kadapa District from the prohibited list of properties under section 22-A of the Registration Act, 1908 forthwith and pass Counsel for the Petitioner(S): 1. K R SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10842/2024 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “..may be pleased to issue writ of mandamus or any other writ or writs or order or direction declaring the inaction of 2nd respondent in deleting the petitioners land in Sy.No.226 to an extent of Ac.0.46 Cents and land in Sy.No 227/2 to an extent of Ac.1.13 Cents situated at Vempalle Village and Mandal, YSR Kadapa District from the prohibited list of properties under section 22-A of the Registration Act, 1908 in pursuant to the petitioners application dated 23.09.2023 as illegal and arbitrary and consequently to direct the 2nd respondent to pass necessary orders for deletion of the petitioners land in Sy.No.226 to an extent of Ac.0.46 Cents and land in Sy.No.227/2 to an extent of Ac.1.13 Cents situated at Vempalli Village and Mandal, YSR Kadapa District from the prohibited list of properties under section 22-A of the Registration Act, 1908 and pass...” 2. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, to issue a direction to the respondents to dispose of the application dated 23.09.2023 filed by the petitioners. 3. Learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions issued by the 4th respondent dated 22.03.2025, wherein it is stated as follows: “… Further, it is submitted that, as seen from RSR, the land in Sy.No.226 ext: Ac.0.93 cents is classified as 4 Government Dry and Sy.No.227 ext:5.70 cents is classified as Hilllock Poramboke. As seen from Revenue Records available in this office, the land in Sy.No.226 ext: Ac.0.93 cents and Sy.No.227 ext: Ac.5.70 cents were not assigned to anybody. As seen from Revenue records, no where the petitioners names are recorded as pattadar against the subject land. On physical verification, the land is plain, covered with thorn bushes, rock boulders and no person are in physical possession of the subject land. Orders are not passed since no application with supporting documents is received from the petitioners to process the file for deletion of subject land from prohibited properties list....” 4. Learned Assistant Government Pleader for Revenue not refused and agreed to dispose of the application dated 23.09.2023 filed by the petitioners, if any pending with the respondents. 5. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the application 1 2019 (8) SCALE 544 5 dated 23.09.2023, this Court find no other alternative except to issue such direction. 6. In the result, the Writ Petition is disposed of, directing respondents to consider and dispose of the application dated 23.09.2023 filed by the petitioners, after issuing notice and after providing opportunity of hearing to the parties concerned, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 03.07.2025 TTM M 6 227 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10842 of 2024 03.07.2025 TTM M 7