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2025 DAILYLAW 22107 (AP)

V MOHINI SAILAJA v. The State of Andhra Pradesh,

WP/15803/2025 · 2025-07-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010311532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15803/2025 Between: 1. V MOHINI SAILAJA, W/O. V. ARMUGAM, AGED ABOUT 54 YEARS, OCC. HOUSE WIFE, R/O.H.NO.17-89-15, NVR LAYOUT, MADANAPALLI TOWN, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, RAYACHOTI, ANNAMAYYA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER/SUBCOLLECTOR, MADANAPALLE, ANNAMAYAA DISTRICT. 4. THE TAHSILDAR, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. ...RESPONDENT(S): The 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 a Writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering petitioner's application made through mee-Seva vide Application N0.TTAOI 2400119950 dated.21.06.2024 seeking to delete the House Plot No.3 admeasuring land to an extent of 276 Sq.yards situated in Sy. No.521/3 of B.K.Palle Revenue Village, Madanapalle Mandal, Annamayya District erstwhile Chittoor District from prohibitrory list as illegal, improper, arbitrary and unconstitutional and violative of the Rights Guaranteed under Articles 14 and 300-A of the Constitution of India and consequently direct the 2nd Respondent to forth with consider petitioner's application made through mee-Seva vide Application N0.TTAOI2400119950 dated.21.06.2024 seeking to the House Plot No.3 admeasuring land to an extent of 276 Sq.yards situated in Sy No.521/3 of B.K.Palle Revenue Village, Madanapalle Mandal, Annamayya District erstwhile Chittoor District and to pass such 1. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The case of the petitioner is that the petitioner is the absolute owner and possessor of the House Plot No.3 admeasuring to an extent of 276 square yards in Sy.No. 521/3, situated at B.K.Palle Revenue Village, Madanapalle Mandal, Annamayya District erstwhile Chittoor District, having acquired the said property from her vendor through a registered sale deed dated 05.03.1994 for valuable consideration. While things stood thus, the petitioner came to know that the subject property has been included in the prohibitory list under Section 22-A of the Registration Act, 1908. 3. The learned counsel for the petitioner submits that the petitioner submitted an online application dated 21.06.2024 through Mee-Seva to the respondent authorities, seeking for deletion of the subject property from the list of prohibited properties under Section 22-A of the Registration Act, 1908. Even after receipt of the Mee-Seva application of the petitioner dated 21.06.2024, the respondent authorities neither considered nor issued any other 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 02.07.2025 issued by the 4th respondent, wherein it is stated as follows:- “(4) Since, the subject land initially vest with the government and entries/notings recorded the A- Register, pertaining to sub division of the land in Sy.No.68 Ext: Ac. 21.70 cents vide 46/8A of 37, dated 07-03-1927, clearly evidencing that the subject land is a assigned land which was assigned prior to the year 1954. But, the burden of proving of title of the petitioner over the petition land starting right from the RH Pattadars i.e.. Madiga Paradesigadu & Ramudu to the present applicant is lies with the applicant herself. 5. Instead of submitting the aforesaid documents/records to prove her title over the land before this respondents for consideration of her request for deletion of the petition scheduled land from prohibited properties list u/s 22A of Registration Act, 1908, the petitioner after making an application through Meeseva vide No. TTA012400119950 dated 21.06.2024, has directly approached the Hon'ble Highcourt by filing the instant petition praying the Hon'ble court to direct the respondents for disposal of her application as per the request of the petitioner, and hence she has to be directed accordingly by the Hon'ble court to produce the documents before this respondents. 5. 5. 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 can be disposed of by directing the respondents’ authorities to consider the application/representation of the petitioner, dated 21.06.2024, 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. 6. With the above direction the writ petition is disposed of. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 08.07.2025 klk 128 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.15803 of 2025 08.07.2025 kkllkk