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2025 DAILYLAW 18923 (AP)

Chigurupati Mangamma v. The State of Andhra Pradesh,

WP/13122/2025 · 2025-07-10

Venkateswarlu Nimmagadda

body2025

Judgment text

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/S - APHC010261012025 IN THE HIGH COURT OF ANDHRA PRADESI AT AMARAVATI d (Special Original Jurisdiction) SM0 FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIWIMAGADDA WRIT PETITION NO: 13122 OF 2025 Between: Chigurupati Mangamma, W/o Late Narasimha Rao, Aged about 80 R/o. 2-47, Takkellapadu Village, Pedakakani years. Senior Citizen Mandal, Guntur District, A.P-522509 ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Registration and Stamps Department, AP Secretariat, Velagapudi, Amaravati Guntur District, AP 2. The State of Andhra Pradesh, Rep. by its , Principal Secretary to Velagapudi, Revenue Department, AP Secretariat. Government. Amaravati, Guntur District, AP 3, The District Registrar, Registration and Stamps Guntur, Guntur District, AP 4. The Sub Registrar Officer, Tadikonda, Guntur District, AP. 5. The District Collector. Guntur, Guntur District 6. The Joint collector and GALA new BG Line, New BG line between (Errapalem-Nambur via Amaravathi) Guntur, District 7. The Mandal Revenue officer, Tadikonda, Guntur District, A.P ...Respondents / 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 to issue a writ, order or direction more particularly one in the nature of Writ Of Mandamus directing the respondent No.3 and 4 to register the land by taking consent or undertaking from petitioner (executant) or petitioner grandson (Claimant) in register document. lA NO: 1 OF 2025 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. respondent No.3 & 4 to register the land by taking consent or undertaking from petitioner (executant) or petitioner grandson (Claimant) in register document pending disposal of writ petition. Counsel for the Petitioner: SRI PONNEKANTI MALLIKARJUNA RAO Counsel for the Respondent Nos. 1,3 and 4:GP FOR REGISTRATION AND STAMPS Counsel for the Respondent Nos. 2, 5 to 7: GP FOR REVENUE The Court made the following order; - ^ APHC010261012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY.THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13122/2025 Between: 1.CHIGURUPATI MANGAMMA, W/0 LATE NARASIMHA RAO, AGED ABOUT 80 YEARS, SENIOR CITIZEN, R/0. 2-47, TAKKELLAPADU VILLAGE, PEDAKAKANI MANDAL, GUNTUR DISTRICT, A.P-522509 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REGISTRATION AND STAMPS DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, AP 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS , PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, AP 3.THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS GUNTUR, GUNTUR DISTRICT, AP 4.THE SUBREGISTRAR OFFICER, TADIKONDA, GUNTUR DISTRICT AP. 5.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT 6.THE JOINT COLLECTOR AND CALA NEW BG LINE, NEW BG LINE BETWEEN (ERRAPALEM-NAMBUR VIA AMARAVATHI) GUNTUR, DISTRICT 2 7.THE MANDAL REVENUE OFFICER, TADIKONDA, GUNTUR DISTRICT, A.P ...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 topleased to issue a writ, order or direction more particularly one in the nature of Writ Of Mandamus directing the respondent No.3 and 4 to register the land by taking consent or undertaking from petitioner (executant) or petitioner grandson (Claimant) in register document and pass lANO: 1 OF 2025 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 pleased to direct the respondent No. respondent No.3 & 4 to register the land by taking consent or undertaking from petitioner (executant) or petitioner grandson (Claimant) in register document pending disposal of writ petition Counsel for the Petitioner; 1.PCNNEKANTI MALLIKARJUNA RAC Counsel for the Respondent(S): 1.GP FGR REVENUE 2.GP FGR REGISTRATIGN AND STAMPS The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13122/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief; narti.ri ilarlv or dirsciiGrt mo pleased to issue a wri:, oruei ui of Writ Of Mandamus directing the respondent No. 3 • • > one in the nature and 4 to register the land by taking consent or undertaking from petitioner (executant) or petitioner grandson (Claimant) in register document and pass. Heard the learned Government Pleader appearing for the respondents. counsel for the petitioner and the learned Assistant 2. is absoluter owner and extent of Ac.1.28i/2 cents in Tadikonda Revenue Mandal, Guntur District. 3. The case of the Petitioner is that the Petitioner is of land admeasuring to an possessor Sy.No.931/B, Tadikonda Village 25.10.2024, the respondent addressed While matters stood thus, on letter to the respondent respect of the properties listed in G2, dated 25.10.2024. The under acquisition pursuant to ‘the Act’), and that a notification to that per the notification, an acquisition based on the said proceeding 4. directing him not to entertain any registrations in the proceeding bearing Rc.No. 1317/2024- said proceeding stated that the subject lands are Section 20A of the Railways Act, 1989 (for short, effect had already been published. As extent of Ac.0.10 cents in Sy.No.931/B was notified for out of the total extent of Ac.2.62 cents. It Is further submitted that, issued by the d'" respondent, the 3'" respondent i 4 is not entertaining the proposed gift deed dated 22.04.2025, sought to be executed by the petitioner’s grandmother in favour of the petitioner, in respect of Ac.0.65 cents out of Ac.1.281/2 cents, out of the total extent of Ac.2.62 cents in Sy.No.931/B of Tadikonda Village, Tadikonda Revenue Mandal, Guntur District. He further submits that the respondents have notified the entire subject 5. land to an extent of Ac.2.62 cents of land in Sy.No.931/B, instead of the required extent of land i.e., Ac.0.10 cents in the said survey number in the 22(A) list of prohibited properties, for the sake of keeping the subject land intact. However, such action cannot curtail the petitioner’s constitutional right to alienate or transfer the property as per his wish and will, as guaranteed under Article 300-A of the Constitution of India. 6. He further prayed this Court that let there be a direction to the respondent Nos.3 and 6 to demarcate the land to an extent of Ac.0.10 cents. which was acquired and to be classified as the Government Land and allow the petitioner to complete the transaction in respect of other extent of land in Sy.No.931/B, i.e., an extent of Ac.2.52 cents. 7. On the other hand, learned Assistant Government Pleader submits that since the land acquisition notification was already issued under Section 20A of the Act, the 3'^'^ respondent was duly directed by the respondent not to entertain any registration in respect of the land notified under acquisition notification. He further submits that the demarcation of the land to be 5 acquired to an extent of Ac.0.10 cents place to release the rest of the place within a short period. out of Ac.2.62 cents should be taken property for holding for registration to be taken 8. On perusal of the material available facts and circumstances of the considered opinion that the present Writ Petition on record and after considering the case as stated above, this Court is of the can be disposed of directing the petitioner to submit a detailed representation to the respondent Nos.3 and 6, within a period of two (02) weeks from the date of receipt of a copy of this order by requesting the sub-division of the entire land of Sy.No.931/B from the land to be acquired by the respondents, submission, the respondents shall consider the representation of the petiti with reference to the acquisition notification and within a period of two (02) months from the date of representation from the petitioner. the petitioner in After such oner pass appropriate orders receipt of detailed 9. In the result, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. Sd/- G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government, Department, State of Andhra Pradesh, Amaravati Guntur District, AP 2. The Principal Secretary to Government, Revenue Department, AP Secretariat, Velagapudi, Amaravati, Guntur District, AP 3. The District Registrar, Registration and Stamps Guntur, Guntur District Registration and Stamps AP Secretariat, Velagapudi, State of Andtira Pradesh AP 4. The Sub Registrar Officer, Tadikonda, Guntur District, AP. 5. The District Collector, Guntur, Guntur District 6. The Joint collector and GALA new BG Line, New BG line between (Errapalem-Nambur via Amaravathi) Guntur, District 7. The Mandal Revenue officer, Tadikonda, Guntur District, A.P 8. One CO to Sri. Ponnekanti Mallikarjuna Rao Advocate [OPUC] 9. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] 11. Two CD Copies GSC < HIGH COURT DATED:11/07/2025 ORDER WP NO. 13122 OF 2025 “3SEP 2025 SectioQx^^ o DISPOSING THE WP WITHOUT COSTS