1 APHC010289162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15336/2025 Between: 1. GANGARAPU SREENIVASULU, S/O. LATE G.VENKATARAMANAPPA, AGED ABOUT 49 YEARS, OCC. CULTIVATION, R/O. D. NO. E-347, R.T.P.P, KALAMALLA, YARRAGUNTLA, V.V.REDDY NAGAR, KADAPA, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT REGISTRAR, CHITTOOR, CHITTOOR DISTRICT. 3. SUBREGISTRAR, PUNGANUR, CHITTOOR DISTRICT. 4. DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. 5. REVENUE DIVISIONAL OFFICER, PALAMANER, CHITTOOR DISTRICT. 6. TAHSILDAR, PUNGANUR MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. MUCHAKAYALA NARAYANA Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: 2 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15336/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “……to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents, particularly 3rd respondent thereby including the petitioner’s private landed property admeasuring with an extent of Ac.0.2250 Cents Covered by Survey No. 370/1, Ac.0.7300 Cents Covered by Survey No.370-2, Ac.0.3000 Cents Covered by survey No.370/3, 0.3700 Cents Covered by Survey No.370/4 and Ac.0.3250 Cents Covered by Survey No.370/5 respectively, all the said extents situated at Chadalla Village in Punganur Mandal of Chittoor District and same was kept in prohibited property list on 17.05.2025, under Section 22(A) of The Registration Act, 1908 and declare the same as illegal, arbitrary and un constitutional and violative of provisions of The Registration Act, 1908 and offends Articles 14, 21 and 300-A of Constitution of India and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case” 2. Heard the counsel for the petitioner and learned Assistant Government Pleader for Stamps & Registrations. 3. Learned counsel for the petitioner submits that petitioner is the absolute owner, possessor and enjoyer of the properties admeasuring the extents of Ac.0.2250 cents in Sy.No.370-1, Ac.0.7300 cents in Sy.No.370-2, Ac.0.3000 cents in Sy.No.370-3, Ac.0.3700 cents in Sy.No.370-4 and Ac.0.3250 cents in Sy.No.370-5 situated in Chadalla Village of Punganur Mandal, Chittoor District. While so, the petitioner intends to sell the subject properties, the 3 Sub-Registrar refused for registration. Aggrieved by the same, the petitioner submitted an application dated 13.02.2025 under the RTI Act, requesting information regarding survey numbers 370-1, 370-2, 370-3, 370-4 and 370-5, specifically whether these properties can be used for registration purposes, and whether they are included in the list of prohibited properties; if so, under what order they are placed on the said list. In pursuant to the RTI application made by the petitioner on 13.02.2025, the respondent No.3 herein issued an Endorsement dated 17.05.2025 stating that the lands in the subject survey numbers were placed in the prohibited properties list because of the orders passed by the II Additional District Judge in O.S.No.19/2022. Learned counsel for the petitioner also submits that the 3rd respondent without verifying the facts, straightaway passed the order dated 17.05.2025. Challenging the same, the present Writ Petition is filed. 4. On the other hand, learned Assistant Government Pleader appearing for the respondents submits that the respondents included the subject properties in the list of prohibited properties pursuant to the orders passed by the Court below in O.S.No.19/2022. Till further orders of the Court below, the 3rd respondent cannot permit or entertain any registrations in respect of the subject properties. 5. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader, it is observed that the subject properties were enumerated in the list of prohibited properties by the 3rd respondent pursuant to the orders of the Court below namely the 4 II Additional District Judge, Madanapalli, in I.A.No.54/2022 in O.S.No.19/2022. If that is so, the petitioner cannot claim for deletion of the subject properties from the prohibited list under Section 22A of the Registration Act, 1908. It is a settled proportion of law that once the properties put under the Dispute Register/List of Prohibited Properties pursuant to the orders of the Court below, the parties to the suit or third parties, who are claiming the rights over the subject property/suit schedule property, they shall initiate appropriate proceedings/Application to redress their grievance before the Court below. This Court is of the view that the petitioner herein, without making any application to the Court below for modification of the orders in I.A.No.54/2022 in O.S.No.19/2022, and approached this Court and sought for mandamus is certainly a deviation to the settled procedure of law. 6. In view of the reasons stated above, this Writ Petition is disposed of by giving liberty to the petitioner to approach the Court below namely the II Additional District Judge, Madanapalli and to file appropriate petition/application in O.S.No.19/2022, for redressal of his claim i.e., for deletion of subject properties from the list of prohibited properties. After receipt of the same, the Court below shall proceed and dispose of the same in accordance with law at the earliest. 7. With the above observations and directions, this Writ Petition is disposed of. No order as to costs. 5 As a sequel, miscellaneous applications pending, if any, shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dt: 26.06.2025 Vns 6 242 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.15336 of 2025 Dated:26.06.2025 Vns 7