Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 20997 (AP)

MADISETTY NARASAIAH v. The State of Andhra Pradesh,

WP/15593/2025 · 2025-06-26

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

s APHC010296172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No: 15593 OF 709 Between: Madisetty Narasaiah, S/o. Madhavaiah, Aged about 68 Years Village, Kadiri Mandal, Sri Satya Sai District. R/o. Kutagulla ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat Buildings, Velagapudi, Amaravathi, District. 2. The Collector and District Magistrate, Sri Satya Sai District. 3. The Revenue Divisional Officer, Kadiri Division District. 4. The Tahsildar, Kadiri Mandal, Sri Satya Sai District. Revenue Guntur Kadiri, Sri Satya Sai ...RESPONDENTS praying that in the may be Petition under Article 226 of the Constitution of India circumstances stated in the affidavit filed therewith, the High Court pleased to issue an appropriate writ, order or direction more particularly one in nature of WRIT OF MANDAMUS declaring inaction of the respondents especially the Respondent No.2 herein, in passing any orders for deletion of subject matter land in Sy. No 311-2, an extent of Ac.1.37 cents, situated in Kutagulla Village, Kadiri Mandal, Sri Sathya prohibited properties under Section 22A(1) (a) (b) of 1908, in spite there being a comprehensive Report by the Sai District, from the list of the Registration Act, Respondent No.4 3. m! as illegal, arbitrary and violative of Article 300A of the Constitution of India and contrary to Section 7 of A.R Dotted Land (Updating in Re-Settlement Register) Act, 2017 and consequently direct the respondents to allow the claim of the petitioner. 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 respondents especially Respondent No.2 to consider and pass orders for updating the petitioner name to the subject matter land in Sy. No. 311-2, an extent of 1.37 acres, situated in Kutagulla Village, Kadiri Mandal, Sri Sathya Sai District, from the list of prohibited properties under Section 22 - A(1) (a) (b) of the Registration Act, 1908,pending disposal of the Writ Petition. Counsel for the Petitioners: Ms. AYESHA AZMA S Counsel for the Respondent Nos.1 to 4: ASST.GP FOR REVENUE The Court made the following order: f • • I • • • • X • • .y ,v rV ,v APHC010296172025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY .THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15593/2025 Between; 1.MADISETTY NARASAIAH, ,S/0. MADHAVAIAH, AGED ABOUT 68 YEARS R/0 KUTAGULLA VILLAGE, KADIRI MANDAL, SRI SATYA SAI DISTRICT. 2.MADISETTY NARASAIAH,, S/0. MADHAVAIAH, AGED ABOUT 68 YEARS R/0 KUTAGULLA VILLAGE, KADIRI MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT AMARAVATHI, GUNTUR DISTRICT. . 2.THE COLLECTOR AND DISTRICT MAGISTRATE, SRI SATYA SAI DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KADIRI DIVISION, KADIRI, SRI SATYA SAI DISTRICT. 4.THE TAHSILDAR, KADIRI MANDAL, SRI SATYA SAI DISTRICT. BUILDINGS VELAGAPUDI ...RESPONDENT{S): This Court made the following ORDER.- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate writ, direction more particulariy one in nature of Writ of Mandamus respondents especially the Respondent No.2 order or declaring inaction of the 2 herein, in passing any orders for deletion of subject matter land in Sy. No 311-2, an extent of Ac. 1.37 cents, situated in Kutagulla Village, Kadiri Mandal, Sri Sathya Sai District, from the list of prohibited properties under Section 22A(1) (a) (b) of the Registration Act, 1908, in spite there being a comprehensive Report by the Respondent no. 4 as illegal, arbitrary and violative of Article 300A of the Constitution of India and contrary to Section 7 of A. R Dotted Land (Updating in Re-Settlement Register) Act, 2017 and consequently direct the respondents to allow the claim of the petitioner and pass such” Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the 2. respondents. 3. The learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of the subject land, admeasuring to an extent of Ac.1.37 cents in Sy.No.311-2, situated at Kutagulla Village, Kadiri Mandal, Sri Sathya Sai District, having acquired the same from his vendor through a registered sale deed dated 09.12.2010. The petitioner’s names were duly mutated in the revenue records and they were issued pattadar passbooks in respect of the subject property. While so, the subject properties were included in the prohibitory list under Section 22-A(1)(a) and (b) of the Registration Act, 1908. Aggrieved by this action, the petitioner 3 submitted the representation to the concerned authorities requesting for deletion of the subject property from the prohibitory list. Considering the petitioner’s representation, the 4^'^ respondent conducted an enquiry and submitted the report to the 2""^ respondent on 16.04.2025, stating that the subject land is fit for deletion from the prohibitory list under Section 22-A. However, the 2^"^ respondent neither considered the report submitted by the 4‘^ respondent nor issued any other proceedings in this regard. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that the 2'^^ respondent would consider the report submitted by the 4 respondent dated 16.04.2025 pursuant to the claim of the petitioner and pass appropriate orders in accordance with law within a th reasonable time. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, and upon perusal of the material placed on record, this Court is of the considered view that the present writ petition can be disposed of by directing the 2"^^ respondent to 5. A 4 consider the enquiry report submitted by the 4 16.04.2025 pursuant to the th respondent dated representation of the petitioner requesting for deletion of the subject property from the prohibited notified under Section 22-A(1)(a) of the Registration list Act, 1908 as expeditiously as possible, strictly in accordance with the law, preferably within a period of three (03) months from the date of receipt of this order after providing an opportunity of hearing to all the parties concerned. 6. With the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if stand closed. any pending, shall SD/- N NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SrctlON OFFICER To, 1. The Principal Secretary Revenue Department, Pradesh, Secretariat Buildings, District. 2. The Collector & District Magistrate, Sri Satya Sai District. 3. The Revenue Divisional Officer, Kadiri Division, District. 4. The Tahsildar, Kadiri Mandal, Sri Satya Sai District. 5. One CC to Ms. Ayesha Azma S, Advocate [OPUC] 6. Two CCS to GP for Revenue, High Court of Andhra Pradesh [OUT] 7. Two CD Copies. State of Andhra Guntur Velagapudi, Amaravathi, Kadiri, Sri Satya Sai gi HIGH COURT DATED:27/06/2025 ORDER WP No. 15593 OF 2025 i? i5 tim2l)25 m •a^ . Current Section ^P/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS