APHC010294032025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) | •I WEDNESDAY,THE TWENTY THIRD DAY OF J(JL^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 18595 OF 2025 Between: M/s. Sprinza Housing and Resorts Private Limited, District, Rep by its Managing Kethanakonda, NTR Director, Payyavula Jayalakshmi, W/o Payyavula Ramu, Aged about 40 years, R/o D.No.5-1A, Kethanakonda Village, Ibrahimpatnam Mandal, NTR District (previously Andhra Pradesh. Krishna District), ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary Department, Secretariat, Velagapudi, Amaravathi Guntur District. 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Forest Settlement Officer, Krishna Vijayawada. 4. The Tahsildar, Ibrahimpatnam Mandal, NTR District). 5. The Forest Range Officer, Vijayawada Range, Vijayawada. Forest and West Godavari District, District (previously Krishna ...Respondents Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court pleased to issue a writ, order or direction particularly one in the nature of Writ praying that in the may be of Mandamus to declare the inaction of Respondent No.3 in disposing off Petitioner Company’s Application dated 10.02.2025 (Received on 05.03.2025) per se illegal, manifestly arbitrary, unreasonable and opposed to Andhra Pradesh Forests Act and Andhra Pradesh Pattadar Passbooks Act and Rules thereunder and contrary to the Fundamental Rights guaranteed by the Indian Constitution under Articles 14, 19, 21 and 300-A besides being violative of Principles of Natural Justice and consequently to direct the Respondent No.3 to dispose of the same in accordance with law. as lA NO: 1 OF 2Q2fi Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent No.3 Company’s Application dated 10.02.2025 (Received accordance with law. to dispose of the Petitioner on 05.03.2025) in Counsel for the Petitioner: SRI AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondents No.1,3,5:GP FOR FORESTS Counsel for the Respondents No.2,4: GP FOR REVENUE The Court made the following order: % APHC010294032025 THE HIGH COURT OF ANDHRA PRADESH at AMARAVATl (Special Original Jurisdiction) Third Day of July, Two Thousand and Twenty Five Present Honourable Ms. Justice B .S.Bhanumathi yv/rit Pptition No. 18595 of 2025 IN [3311] Wednesday, the Twenty The Between: M/s,Sprinza Housing and Resorts Limted Kethanakonda, N.T.R. District, ''eptf by its Managing Director, Payyavula Jayalakshmi, W/o. Payyavula Ramu, aged about 40 years, R/0.D.N0.5-IA, Kethanakonda village, Ibrahimpatnam Mandal, N.T.R. District (previously Krishna District), Andhra Pradesh, and ...Petitioner 1 The State of Andhra Pradesh represented by its Principal Secretary, Forest Department, Secretariat, Velagapudi, Amaravathi, Guntur District. of Andhra Pradesh represented by its , Revenue Department, Secretariat, 2. The State Principal Secretary Velagapudi, Amaravathi, Guntur District. 3.The Forest Settlement Officer, Krishna & West Godavari District, Vijayawada. 4.The Tahsildar, Ibrahimpatnam Mandal, N.T.R. District (previously Krishna District). 5.The Forest Range Officer, Vijayawada Range, Vijayawada. ...Respondents Counsel for the petitioner; I.A.S.K.S.Bhargav 2 BSB,J W.P. No.18595 of2025 Counsel for the respondents: 1 .Government Pleader for Revenue 2. Government Pleader for Forests The Court made the following order: This writ petition under Article 226 of the Constitution of India is filed to issue a writ, order or direction particularly one in the nature of writ of Mandamus to declare the inaction of respondent No.3 in disposing of petitioner company’s application dated 10.02.2025 (received on 05.03.2025) as per se illegal manifestly arbitrary, unreasonable and opposed to Andhra Pradesh Forests Act and Andhra Pradesh Pattadar Passbooks Act and Rules thereunder and contrary to the Fundamental Rights guaranteed by the Indian Constitution under Articles 14, 19, 21 and 300-A besides being violative of principles of natural justice and consequently to direct the respondent No.3 to dispose of the same in accordance with law and pass such other order or orders which this Court deems fit in the interest of justice. 2. The case of the petitioner is briefly as follows:- (a) The petitioner is owner of Ac.30.26 cents of land in Sy.Nos. 101/1 to 101/4, 103/2 to 103/9, 103/11 to 103/13, 104/1, 105/1, 105/2, 105/5, 105/7 to 105/9, 105/11, 105/12, 106/1 to 106/3 situated at Zaminavepothavaram village, Ibrahimpatnam Mandal, N.T.R. District (previously Krishna District). Prior to 1962, this property belonged to the government as “Gayalu-cum- Government dry land”. It is evidenced from the A.P.Gazette Notifications dated 14.03.1970 and 04.03.1971, which discloses the absence of Zaminavepothavaram village in the list of 3 BSB,J W.P. No.18595 of2025 Navepothavaram Forest Block. During the year 1976, on payment of market value, the property was allotted to 30 assignees in accordance with law. Based on the letter of communication dated 13.05.1997 issued by the Sub-Registrar, Ibrahimpatnam, the Mandal Revenue Officer issued certificate vide bearing Rc.No.302 / 97, dated 14.05.1997, stating that the property was assigned to the original assignees on payment of market value during 1978 and subsequently removed the said land from the list of poramboke lands during 1985 and recorded as patta lands in revenue records. (b) The original assignees executed five registered sale deeds vide Doc.No.855 / 1997 to 859 / 1997 dated 15.05.1997 over the entire extent of property in favour of the petitioner’s vendor, namely Koganti Sivaleela, Koganti Sambasiva Rao and Dongarmal Vedaprakash by altering the names of original assignees by following due process of law over the entire extent of property. Since then, the petitioner’s vendors were in absolute ownership and uninterrupted peaceful possession and enjoyment of the said property without any interference / issues from any corner whatsoever. (c) The petitioner’s company got the said property upon execution of agreement of sale-cum-general power of attorneyby its vendors vide registered document No.7954 of 2004, 7955 of 2004 and 7956 of 2004 dated 20.12.2004 over the entire extent of property. During 2014 also, the petitioner’s vendors’ name reflected in the revenue records pertaining to the entire property. Upon filing an application under Right to Information Act, 2005, the respondent No.4, had issued endorsement vide bearing No.RTI / 108 / 2014, dated 30.08.2014, duly affirming the 4 BSB,J W.P. No.18595 of2025 conversion of nature of the property into private property upon payment of market value and the execution of registered sale deeds in favour of petitioner’s vendors. So also, during 2015- 2016, the vendors executed registered sale deeds in favour of petitioner’s company. (d) Subsequently, the petitioner’s company filed an application before the respondent No.4 under sections 4 and 5 of the A.P.Pattadar Pass books Act, 1971 r/w Rule 9 of the A.P.Pattadar Pass books Rules, 1971, for issuance of pattadar pass books and title deeds in their favour. Consequently, the respondent No.4, vide endorsement bearing L.Dis.B/178/2015, dated 17.04.2015, rejected the application, by stating that the petitioner’s company has not submitted relevant documents for processing of mutation of pattadar pass books and title deeds. Aggrieved by the same, the petitioner approached this Court by filing W.P.No.13153 of 2015 vide order dated 01.05.2015, this Court set aside the same and directed the respondent No.4 to consider the application and pass orders on merit. (e) Due to non-implementation of the said order, this Court in W.P.No.13153 of 2015, filed a contempt case vide C.C.No.1268 of 2015 before this Court in pursuance of the same, the respondent No.4 requested the Government Pleader, to advice and close the contempt. Accordingly, this Court issued Form-1 notice of appearance to the then Tahsildar, Ibrahimpatnam vide order in C.C.No.1268 of 2015, dated 09.10.2015. (f) Subsequently, upon filing application dated 30.06.2015, the respondent No.4, the then Tahsildar, Ibrahimpatnam conducted survey over the entire extent of property and issued it:.; 5 BSB,J W.P. No.18595 of2025 14.10.2015, thereby dismissed the application by stating that the nature of the property is ‘bushes’ though khata numbers vide No.96,97 and 98 and petitioner’s vendor favour along with khata No.263 in petitioner’s favour still intact till date since 1997 and though market value has been continued to be issued since 1997 which depicts that the property is a dry land which is fit for house sites. The aforesaid contempt case was closed by this Court vide order in C.C.No.1268 of 2015 dated 06.11.2015 as a consequence of implementation of orders in W.P.No.13153 of 2015 by the then Tahsildar, Ibrahimpatnam who had issued pattadar pass books and title deeds in favour of the petitioner’s company, (g) Due to the interference of the respondent No.2 over a part of the said property, they had approached this Court by filing another writ petition vide W.P.No.14977 of 2016 vide order in W.P.M.P.No.18603 of 2016 in W.P.No.14977 of 2016, dated 20.04.2016, this Court directed the respondent No.2 not to dispossess petitioner’s company from the said property. Subsequently, in response to the R.T.l. application filed by them, the Deputy Tahsildar, Ibrahimpatnam had issued an endorsement vide bearing No.RTI / 95 / 2016, dated 20.09.2016, duly affirming that the entire extent of the property is a private property, (h) The office of the Sub-Registrar, Ibrahimpatnam had issued letter of communication vide bearing Letter.No.C / 97 / 2017, dated 19.05.2017, duly stating that the execution of registered sale deeds over entire extent of the property is in favour of the petitioner company. Further, due to the interference of Forest Department and Revenue Department over the said property, they approached this Curt again by filing a writ petition endorsement dated 6 BSB,J W.P. No.18595 of 2025 vide W.P.No.15704 of 2017, vide order dated 27.04.2017, this Court issued directions thereof to Forest and Revenue Department not to dispossess the petitioner’s company from the property. Further, due to non-adherence of the said orders, they have also preferred contempt case vide C.C.No.1462 of 2017 and the same is still pending for adjudication before this Court. In order to substantiate the fact that the entire extent of the property neither belongs to the Government nor is enlisted in prohibitory list circulated under section 22A of the Registration Act, 1908, the said prohibitory list circulated under section 22A of the Registration Act, 1908 is filed. Furthermore, the office of the Sub-Registrar, Ibrahimpatnam had issued letter of communication vide bearing Lr.No.C/49-A/2018 dated 07.03.2018, stating that the Tahsildar, Ibrahimpatnam had sent prohibitory list of properties circulated under section 22A of the Registration Act, 1908, vide bearing No.RCB 165 / 2011 dated 22.11.2012 and the entire property of the petitioner’s company finds no place in the said list. (i) (j) Due to non-consideration of applications submitted by the petitioner’s company under section 6A of the A.P.Pattadar pass books Act, 1971, for issuance of attadar pass books, title deeds, adangals and IB record of part of the property, they have once again approached this Court by filing a Writ petition vide W.P.No.44683 of 2016 before this Court vide order dated 21.12.2016 and this Court disposed of the same by directing the Tahsildar, Ibrahimpatnam to consider the applications submitted by them dated 15.09.2016 and 28.10.2016 and passed appropriate orders thereon, in accordance with law. Following the same, the Deputy Tahsildar, Ibrahimpatnam issued 7 BSB,J W.P. No.18595 of2025 endorsement vide bearing No.RTI / 17 / 2017, dated 22.02.2017, in pursuance of R.T.I. application submitted by the petitioner’s company by duly stating that no endorsements were made by any authorities. (k) Due to rejection of conducting survey over the said property, the petitioner’s company preferred another writ petition vide W.P.No.444 of 2018 vide order dated 29.01.2018, this Court has set aside the endorsement issued by the Tahsildar, Ibrahimpatnam dated 22.02.2017 and directed the concerned authorities to conduct survey and pass appropriate orders within 3 months. Pursuant to the above order, the Tahsildar has conducted the survey and issued endorsement vide dated 19.07.2018 and 21.06.2019 stating that the said property is included in the forest land and handed over to the forest department by saying that no patta lands should stand in them. The D.I.O.S also rejected the survey on the ground that these lands were with Forest Department including Mandal Surveyor under R.T.I. dated 23.03.2022 and upon filing another R.T.I. application, the Tahsildar, Ibrahimpatnam and the Sub-Collector, Vijayawada issued endorsements vide bearing No.RTI / 42 / 2019 dated 04.07.2019 and R.C.No.10 / 159 / 2019 dated 02.08.2019, by duly stating that no resumption orders as per A.P.Assigned Lands ( Prohibition of Transfer) Act, 1977, have been passed till date over the entire extent of property. (I) The joint Sub-Registrar, Ibrahimpatnam had issued another endorsement vide bearing C.No.113, dated 24.07.2020, thereby stating that the entire extent of property is not included in prohibitory list circulated under Section 22A of the Registration Act, 1908, during 1994, 1997, 2004, 2005, 2006, 2015 and 2016. 8 BSB,J W.P. No.18595 of2025 Further, in pursuance of enquiry initiated by the District Revenue Officer, Ibrahimpatnam, the Tahsildar, Ibrahimpatnam had issued proceedings vide bearing Rc.No.B /171 / 2017 dated 27.11.2020, thereby stating that the entire property is an assigned land though on the contrary he stated that the original assigned record relating to the said property is not available with him. (m) In pursuance of orders of this Court in W.P.No.24161 and 24034 of 2018 along with W.A.No.6 and 7 of 2019 which removed his neighbour’s property from Section 4 of A.P.Forests Act by opining that it is a private property, the petitioner company , preferred another writ petition vide W.P.No.39985 of 2018, vide order dated 10.12.2020, this Court allowed the said writ petition by holding that the entire property is a private property and Forest Department has no right over the same. As things stood thus, to their utter surprise and dismay, the Sub-Collector and Appellate Authority, Vijayawada, N.T.R.District issued endorsement vide bearing Rc.No.A2 / 270 / 2022, dated 24.05.2022 and cancelled the pattadar pass books and title deeds of the petitioner’s company in relation to the property. The same has been challenged by the petitioner’s company by approaching this Court by filing W.P.No.15772 of 2022 and vide order I.A.No.01 of 2022 in W.P.No.15772 of 2022, this Court had directed the Revenue Department along with all authorities concerned to maintain status-quo over the said property. The said order of this Court has been extended until further orders and the same is in force as on today. (n) To the utter surprise and dismay of the petitioner, the then District Collector-cum-District Magistrate, Krishna District, Machilipatnam issued prohibitory list of property within section 9 1 BSB,J W.P. No.18595 of 2025 22A Of the Registration Act. 1908, to the District Registrar. Machilipatnam by including the entire property of the within its ambit stating that the entire property is Krishna, petitioner (Court Case).” Consequently, the District endorsement bearing “Gayalu-Revenue Registrar, Vijayawada also issued an NO.G1/1105/2018, dated 14.05.2018, by including the property of the petitioner in the list of prohibitory properties. On the contrary, letter of Ibrahimpatnam issued a Lr.No.C/83/2018, dated 17.04.2018 duly the Sub-Registrar, communication bearing affirming that the property was not included within prohibitory list Therefore, the petitioner filed W.P.No.41839 of of properties 2018 before this High Court. This Court, vide order dated 17.11.2022, issued directions to the respondent No.4 to pass a of the entire property in the detailed order on the inclusion to the stand taken by the respondent prohibitory list. Contrary No.2 issued letter of the Sub-Registrar, Ibrahimpatnam vide Lr.No.22 / 2023 dated 03.02.2023 stating communication that the entire property is private property and it belongs to the petitioner. In pursuance of order of this Court in W.P. No.41839 of dated 17.11.2022 and the representation of the petitioner 2018 dated 05.01.2023, without considering the material on record, the endorsement vide Rc.Land- respondent No.4 issued an 3/124/2023 assigned land and petitioner preferred an appeal before the respondent No.3 admitted vide CCLA’s Ref.No.Assn.l dated 16.03.2023 stating that the entire property is cannot be removed from prohibitory list. So the on 29.03.2023. The appeal was / 2065382 / 2023 pertaining to the appeal were respondent No.3. CCLA’s Ref.No.Assn.l / dated 02.05.2023 and the connected records directed to be sent to the The respondent No.3 issued proceedings vide 20802421 / 2023 dated 07.12.2023 10 BSB,J W.P. No.18595 of 2025 requesting the parties concerned to appear for final hearing on 13.12.2023. The petitioner filed written arguments on 06.11.2023. The Collector filed his reply affidavit on 17.11.2023. The petitioner filed reply affidavit dated 06.12.2023 and a written submissions dated 11.12.2023. Then, the Collector filed his additional counter dated 17.02.2024. Later, the petitioner filed another reply to the counter on 01.07.2024. The petitioner also filed I.A. on 15.05.2024 vide File No.REV02-22021 / 194 / 2023- Assignments — 1 SEC - CCLA against inclusion of the alleged successors of assignees. They are pending for consideration, (o) Simultaneously, the petitioner filed an application dated 10.02.2025 (received on 05.03.2025) before the respondent No.3 requesting to grant no objection certificate over the aforesaid property of the petitioner. Having received the same vide Rc.No.16/FSO/2025 dated 19.03.2025, the respondent No.3 issued notice to the petitioner and the respondents No.4 and 5 with a direction to attend enquiry. As such, now the matter stood pending for consideration before the respondent No.3 for final hearing. Due to inaction of the respondent No.3 in not disposing of the application of the petitioner dated 10.02.2025, this writ petition was filed. The learned counsel for the petitioner submitted that since the petitioner needs an early disposal of the representation since the issue has been pending for long time, the writ petition may be disposed of directing the respondent No.3 to expeditiously take a decision within the time framed fixed by this Court. The learned Assistant Government Pleader for Forests placed on record written instructions of the Forest Range Officer, Vijayawada-T Range, Vijayawada, vide Rc.No.03 of 2025, dated memo and final 3. 4. 11 BSB,J W.P. No.18595 of2025 23.06.2025 addressed to the Government Pleader for Forests, mainly stating that as per Section 4 of the A.P.Forest Act, 1967 , no one can issue pattas in the notified area and if any patta was issued prior to Section-4 notification, such a person has to make a claim against Section-6 proclamation issued by the Forest Settlement Officer and thereafter, the Forest Settlement Officer award by conducting enquiry to delete the land from Section-4 notification, if such claim is found genuine. It further states that the Forest Settlement Officer prepared a draft of Section-15 proposals to the Navepothavaram forest block and submitted to the higher authorities since no claims had been received against the Section-6 proclamation. Therefore, it is further stated that the petitioner lost her right on the subject land. The petitioner preferred the W.P.No.15704 of 2017 in which the Fiigh Court issued directions to both the Forest and the Revenue departments not to dispossess the petitioner. The petitioner also filed C.C.No.1462 of 2017. The Fiigh Court dismissed the above said W.P.No.15704 of 2017 vide order dated 29.03.2018 as withdrawn. In the writ petitions filed by the petitioner in W.P.No.24034 of 2018 and W.P.No.24161 of 2018, the forest department is not a party / respondent. The learned Assistant Government Pleader for Forest submitted that the matter is under active consideration and requested to pass an appropriate order. On consideration of the submissions on both sides, the writ petition is disposed of directing the respondent No.3 to dispose of the representation / application of the petitioner dated 10.02.2025 (received on 05.03.2025) within eight (08) weeks from the date of receipt of the copy of the order. issues 5. 6. 12 BSB,J W.P. No.18595 of2025 There shall be no orders as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECT ICER To, 1. The Principal Secretary, State of Andhra Pradesh Secretariat, Velagapudi, Amaravathi Guntur District. 2. The Principal Secretary, State of Andhra Pradesh, Revenue Department Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The Forest Settlement Officer, Vijayawada. 4. The Tahsildar, Ibrahimpatnam Mandal, NTR District). 5. The Forest Range Officer, Vijayawada Range, Vijayawada. 6. One CC to SRI. AKULA SRI KRISHNA SAI BHARGAV, Advocate [OPUC] 7. Two CCS to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR FORESTS, High Court of Andhra Pradesh [OUT] 9. Two CD Copies Forest Department Krishna and West Godavari District, District (previously Krishna nm V f HIGH COURT DATED :23/07/2025 ORDER WP NO. 18595 OF 2025 s( 01 SEP 2025 DISPOSING OF THE WP WITHOUT COSTS