APHC010255122020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B. KRISHNA MOHAN WRIT PETITION NO: 16788/2020 Between: 1. K JANARDHANA REDDY,, S/O. K NARAYANA AGED ABOUT 58 YEARS, OCC BUSINESS, R/O.78/8A-12-2-29, MAYURI RESIDENCY, KALLUR, KURNOOL, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY TO GOVT., REVENUE (ASSIGNMENT.L) DEPARTMENT, VELAGAPUDI, SECRETARIAT BUILDINGS, AMARAVATI. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 3. THE SUBREGISTRAR, KURNOOL. 4. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS, KURNOOL/NANDYAL, KURNOOL DISTRICT. 5. THE MANDAL REVENUE OFFICER, KURNOOL, KURNOOL DISTRICT. 6. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. ...RESPONDENT(S): 2 HBKM,J W.P.No.16788 of 2020 Counsel for the Petitioner: 1. T NAGARJUNA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS (AP) 3 HBKM,J W.P.No.16788 of 2020 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondents in refusing to receive and register the various documents presented in respect of the properties situated in Sy.Nos.398, 413/2, 413/3, 414/1A, 414/1B, 414/2A, 414/2B and 414/3 of Dinnedevarapadu Village, Kurnool Mandal, Kurnool District along with other prayers as follows: A. To declare G.O.Ms.No.416 dated 27.09.2019 issued by the 1st Respondent published in the State Gazette dated 03.10.2019 notifying extents of land in Sy.Nos.398, 413/2, 413/3, 414/1A, 414/1B, 414/2A, 414/2B, 414/3 of Dinnedevarapadu Village, Kurnool Mandal, Kurnool District as being dotted lands and inclusion in the list of prohibited properties as under Section 22-A(1) of the Registration Act, 1908 as being illegal, arbitrary, unconstitutional and in violation of the provisions of the Registration Act, 1908, and B. Consequently to set aside the G.O.Ms.No.416 dated 27.09.2019 issued by the 1st Respondent published in the State Gazette dated 03.10.2019 notifying extents of land in Sy.Nos.398, 413/2, 413/3, 414/1A, 414/1B, 414/2A, 414/2B, 414/3 of Dinnedevarapadu Village, Kurnool Mandal, Kurnool District as being dotted lands and inclusion 4 HBKM,J W.P.No.16788 of 2020 in the list of prohibited properties as under Section 22-A (1) of the Registration Act, 1908, and C. To direct the Respondents to consider the application of the Petitioner and update the Re-Settlement Register and delete the lands in properties situated in Sy.Nos.398, 413/2, 413/3, 414/1A, 414/18, 414/2A, 414/2B, 414/3 of Dinnedevarapadu Village, Kurnool Mandal, Kurnool District from the list of prohibited properties in accordance with the provisions of The Andhra Pradesh Dotted Lands (Updation in Re-Settlement Register) Act, 2017 D. Consequently direct the respondents to receive, register and release the documents in respect of the properties situated in Sy.Nos.398, 413/2, 413/3, 414/1A, 414/1B, 414/2A, 414/2B, 414/3 of Dinnedevarapadu Village, Kurnool Mandal, Kurnool District. 3. 3. The learned counsel for the petitioner refers to the proceedings of the 6th respondent addressed to the 2nd respondent dated 17.01.2020 in the matter of deletion from 22-A (1) Prohibitory properties list of the said village on the requisition made by the petitioner for the Sy.Nos.398, 413/2, 413/3, 414/1A, 414/1B, 414/2A, 414/2B, 414/3. Accordingly the detailed report was submitted to the 2nd respondent basing upon the reports of the 5th respondent dated 01.11.2019. The Tahsildar inspected the lands and observed that the lands are surrounded by complete walls and that there are 2 bore wells and huge construction of function hall etc., with big Arch called Mayuri Club and 5 HBKM,J W.P.No.16788 of 2020 Resorts. The entire extent was converted to Non-Agriculture purpose by the 6th respondent in his proceedings dated 13.03.2015 on payment of Rs.6,41,790/-. The claimant also filed a suit in O.S.No.1369/2005 on the file of Junior Civil Judge Court, Kurnool, which was disposed of with a direction that the plaintiff is entitled for declaration of title over the suit schedule property. Accordingly, the 6th respondent requested to pass necessary orders by the 2nd respondent. 4. The learned counsel for the petitioner also refers to the G.O.Rt.No.414 dated 09.06.2022 issued by the Government of Andhra Pradesh framing certain guidelines in the matter of inclusion of the properties in the prohibited list under Section 22A(1)(e) instead of 22A(1)(a) of the Registration Act, 1908. As per the Para No.3 of the said G.O.Rt.No.414 dated 09.06.2022, all the lands coming under the purview of G.O.Ms.No.575, Revenue (Assign-I) Department dated 16.11.2018, shall be deleted from the prohibited lists after obtaining orders from the District Collector, without further reference to the Government, even if the same have been erroneously included in the prohibited lists under Section 22A(1)(e) of the Registration Act, 1908. 5. As per the said guidelines issued by the Government of Andhra Pradesh, the 2nd respondent being the head of the District Level Scrutiny Committee can pass orders on the representation of the petitioner. 6. On the other hand, the learned Assistant Government Pleader relying upon the written instructions from the 5th respondent dated 29.08.2025 6 HBKM,J W.P.No.16788 of 2020 submits that the subject lands covered in Sy.Nos.398, 413/2, 413/3, 414/1A, 414/1B, 414/2A, 414/2B, 414/3 of Dinnedevarapadu Village, Kurnool Rural Mandal, were notified in the list of properties prohibited for registration under Section 22-A(1)(e) of the Registration Act, 1908 vide G.O.Ms.No.416 Revenue (Assignment-I) Department dated 27.09.2019. In response to the application of the petitioner for updation of the petitioner’s name in R.S.R and other Revenue Records with regard to the subject lands and for deletion of the same from the list of properties prohibited for registration, the then Tahsildar, Kurnool and the then Revenue Divisional Officer, Kurnool have submitted the reports to the District Collector, Kurnool for necessary orders for deletion of the subject lands notified under Section 22-A(1)(e) of the Registration Act, 1908. When the said reports are under examination by the District Level Scrutiny Committee for passing appropriate orders, the petitioner filed this writ petition before this Hon’ble Court. 7. He further submits that the subject lands were subsequently shifted from Section 22-A(1)(e) to 22-A(1)(a) of prohibited properties list by the Government vide G.O.Ms.No.170 Revenue (Lands-VII) Department dated 10.04.2023. The District Level Scrutiny Committee, Kurnool under the chairmanship of the District Collector, Kurnool issued orders for de-notification of Sy.No.398 from the list of properties prohibited for registration vide proceedings dated 06.07.2025. The vendors of the writ petitioner also filed the Civil Suit in O.S.No.19 of 2003 on the file of Additional Senior Civil Judge, 7 HBKM,J W.P.No.16788 of 2020 Kurnool for awarding damages and for grant of permanent injunction against the defendants namely the District Collector, Revenue Divisional Officer, Kurnool and another with regard to the above said survey numbers of the said village. Accordingly, the learned Civil Court pronounced the judgment on 30.11.2006 as follows: “In the result, the suit is decreed partly, granting permanent injunction restraining the defendant Nos.1 and 2 not to interfere with plaintiffs possession and enjoyment over suit schedule properties. With regard to damages, the suit is dismissed and the suit against the 3rd defendant is also dismissed. Under the circumstances each party to bear their own costs.” 8. Finally the official respondents in the said suit subsequently preferred A.S.No.960 of 2010 before the Hon’ble High Court and the same is pending. 9. The proceedings of the Collector and Chairperson, District Level Scrutiny Committee, Kurnool, dated 06.07.2025 discloses the de-notification of the Sy.No.398 to an extent of Ac.2.18 cents under the Serial No.356 of the IGRS website, Dinnedevarapadu Village, Kurnool. The District Level Scrutiny Committee, accepted the proposal of the Revenue Divisional Officer, Kurnool for updation of the applicants name therein in the place of “dots” in respect of the land situated in Sy.No.398 to an extent of Ac.2.84 cents in the Re- Settlement Register (RSR) and other revenue records, including digitally 8 HBKM,J W.P.No.16788 of 2020 maintained records. It also approved to delete the subject land from the prohibited properties list of Dinnedevarapadu Village of Kurnool Rural Mandal. 10. In reply, the learned counsel for the petitioner submits that the same exercise should have been conducted by the 2nd respondent in respect of the other survey numbers covering the subject land of this writ petition. For which, the learned Assistant Government Pleader submits that if the 2nd respondent is given some more time, by following the due procedure, he can consider the representation of the petitioner. 11. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the District Level Scrutiny Committee headed by the 2nd respondent is directed to pass appropriate orders on the application of the petitioner with respect to the claim made by him over the subject lands covered in the above said survey numbers of this writ petition, strictly in accordance with law as expeditiously as possible preferably within a period of three (03) months from the date of receipt of this order. Upon consideration of the material available on record and upon verification of the subject land and upon hearing the petitioner and all others concerned, giving due opportunity, appropriate orders shall be passed by the 2nd respondent on its own merits. 12. Accordingly, this Writ Petition is disposed of. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. 9 HBKM,J W.P.No.16788 of 2020 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 01.09.2025 PGT