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2025 DAILYLAW 21821 (AP)

MARAM SIVA KOTI REDDY v. THE STATE OF ANDHRA PRADESH

WP/15381/2025 · 2025-06-25

Venkateswarlu Nimmagadda

body2025

Judgment text

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1 APHC010307992025 IN THE HIGH COURT OF ANDHRA PRADESH ^ AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE •. i- J PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15381 OF 2025 Between: Maram Siva Koti Reddy, S/o. Veera Reddy, Aged 54 years, Occ: Cultivation, R/o. D.No.14-185, Putchala Mitta District. Darsi Village and Mandal, Prakasam ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravathi District. 2. The Collector and District Magistrate, Prakasam District, Ongole. 3. Revenue Divisional Officer, Kanigiri, Prakasam District. 4. The Tahsildar, Darsi Mandal, Prakasam District. 5. The Assistant Director of Survey and Land Records, Prakasam District Ongole. Guntur ...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 declaring the action of the respondents especially the 2 respondent in not nd acting upon the Petitioner application No. 1TA012300108391, dated 26-05- 2023 for deletion, of his land in Sy.No.68/2B admeasuring Ac.4-00 cents situated in Darsi Village and i Mandal, Prakasam District from the prohibited property list under Sec.22- A(1)(B) of Registration Act in-spite of the specific recommendations vide Rc.A/358/2023, dated 13-06-2023 and Rc.DT/195/2023, dated 29-05-2023 of the 3'^^ and 4*^ respondents., as illegal, arbitrary, unconstitutional and consequently direct the respondents to delete the petitioner land in in Sy.No.68/2B admeasuring Ac.4-00 cents from the from the prohibited property list under Sec.22-A(1 )(B) of Registration Act., lA NO: 1 OF 2025 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 to consider the petitioner application No.TTAOl 2300108391 dated 26-05-2023 for deletion of his land in Sy.No.68/2B admeasuring Ac.4-00 cents situated in Darsi Village & Mandal, Prakasam District from the prohibited property list under Sec.22-A(1)(B) of Registration Act by considering the recommendations vide Rc.A/358/2023, dated 13-06-2023 and Rc.DT/195/2023, dated 29-05-2023 of the 3^'^ & 4*^ respondents. Counsel for the Petitioner : SRI G. VENKATA REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010307992025 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: 15381/2025 Between: ...PETITIONER Maram Siva Koti Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G VENKATA REDDY Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of 1. India seeking the following relief: “to issue a writ, order or direction more particularlyone in the nature of writ of Mandamus declaring the action of the respondents especially the 2 nd respondent in not acting upon the Petitioner application No.1TA012300108391, dated 26-05- admeasuring Ac.4-00 cents situated in Darsi Village and Mandal, Prakasam District from the prohibited property list under Sec.22-A(1)(B) of Registration Act in-spite of the specific recommendations vide Rc.A/358/2023, dated 13- 2023 for deletion of his land in Sy.No.68/2B 06-2023 and Rc.DT/195/2023, dated 29-05-2023 of the 3rd and 4th respondents., as illegal, arbitrary, unconstitutional and consequently direct the respondents to delete the petitioner land In in Sy.No.68/2B admeasuring Ac. 4-00 cents from the from the prohibited A(1)(B) of Registration Act, and to property list under Sec. 22- ' pass such orders” 1. Heard the learned counsel for Assistant Government Pleader for Revenue the petitioner and the learned appearing for the respondents. 2. The case of the petitioner is that the petitioner is the absoiute and possessor of land admeasuring to 68/2B, situated at Darsi Village and Mandal, owner an extent of Ac.4.00centsinSy.No. Prakasam District, having a registered sale deed consideration. Pursuant to the said acquired the said property from his vendor through dated 09.06.1977 for valuable transaction, the then revenue officials, after conducting a detailed mutated his name in the revenue records, title deeds, possession over the subject property, and issued enquiry. and granted a pattadar passbook in his favour. Since then, the petitioner has been i is the rightful enjoyer of the said land, petitioner came to know that the subject - in peaceful possession and While things stood thus, the property has been included in the prohibitory list under Section 22-A(1)(a) of the Registration Act , 1908. 3. The learned counsel for the petitioner submits that the petitioner submitted an online application dated 26.05.2023 through Mee-Seva to the respondent authorities, seeking for deletion of the subject property from list of prohibited properties under Section 22-A(1)(a) of the Registration Act, 1908, Even after receipt of the representation the of the ft petitioner dated 26.05.2023, the respondent authorities neither considered nor issued any proceedings so far. Hence the writ petition. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents furnished written instructions dated 26.06.2025 issued by the 4*^ respondent, wherein it is stated as follows:- “It is finally submitted that the land in sy.No.68 measuring to an extent of Ac.8.75 cents of is classified as Gayalu (government land). As per FMB of Darsi village the land was subdivided into Sy.N0.68-2A with an extent of Ac. 0.38 cents and sy.N0.68-2B with an extent of Ac.8.37 cents. Further on pursuant of available office records the application filed by the petitioner the proposals were submitted to the District level scrutiny committee through the Revenue Divisional officer, Kanigiri for deletion of the sy.N0.68-2B from prohibitory list of under section 22A(1)(b) vide NO.TTA012300108391 application 26.05.2023 filed by the petitioner. The claim is under process of District level scrutiny committee. After final consideration of district level scrutiny committee, the deletion of the subject land from the existing prohibited list will be affected depend upon the decision taken by the District level scrutiny committee. ” dated Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and on perusal of the material available on record, this Court is of the considered view that the present writ petition be disposed of by directing the respondents’ authorities to consider the application/representation of the petitioner, dated 26.05.2023, for deletion of the subject property from the prohibited list notified under Section 22- A(1)(a) of the Registration 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. 5. can With the above direction the writ petition is disposed of. No order as 6. to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To Department, State of Andhra Guntur 1. The Principal Secretary, Revenue Pradesh, Secretariat Buildings, Velagapudi, Amaravathi District. 2. The Collector and District Magistrate, Prakasam District, Ongole. 3. Revenue Divisional Officer, Kanigiri, Prakasam District. 4. The Tahsildar, Darsi Mandal, Prakasam District. 5. The Assistant Director of Survey and Land Records, Prakasam District, Ongole. 6. One CC to Sri G. Venkata Reddy, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CD Copies HIGH COURT DATED:26/06/2025 ORDER WP NO. 15381 OF 2025 I iimiiBs ^ Current Secnon m DISPOSING OF THE W.P. WITHOUT COSTS