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2025 DAILYLAW 24277 (AP)

GANTLA MOOLA RAO @ MOHANA RAO v. THE STATE OF AP

WP/17490/2025 · 2025-07-14

Subba Reddy Satti

body2025

Judgment text

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APHC010342932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTi" WRIT PETITION NO: 17490 OF 2025 Between: Gantia Moola Rao @ Mohana Rao, S/o Gantia Ramarao, Aged about 46 years, Occ-Farmer Anakapalli District. R/o Desapatrunipalem Village, Paravada Mandal, ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat of A.P., Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District at Anakapalli. 3. The Revenue Divisional Officer, Anakapalli Revenue Division, At Anakapalli. 4f The Tahasildar, Yelamanchili Mandal, Anakapalli District. 5. The Chief Commissioner of Land Administration (CCLA), Andhra Pradesh, 1st and 3rd Floors, APIIC Building, Mangalagiri, Guntur District-522503. ...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 Mandamus declaring the action of the 2nd respondent in not deleting the petitioners land to an extent of Ac 4.93 cents in Sy No.365/2 of Yerravaram Village, Yelamanchili Mandal, Anakapalli District from prohibitory list under section 22 -A (1) of Registration Act, 1908 as per the Circular in CCLAs Lr.No.Assn.l(l) / 350 /2022, dated 04.05.2022 issued by the 5th respondent and by considering the report of 4th respondent in Rc.No. 07/2023/SA/dt 28.10.2024 as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India. 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 grant interim directions to the 2nd respondent to delete the petitioner’s land to an extent of Ac 4.93 cents in Sy No.365/2 of Yerravaram Village, Yelamanchili Mandal, Anakapalli District from prohibitory list under section 22-A (1) of Registration Act, 1908 pending the disposal of writ petition. Counsel for the Petitioner: SMT. Counsel for the Petitioner: SMT. T V SRI DEVI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010342932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17490/2025 Between; 1.GANTLA MOOLA RAO @ MOHANA RAO, S/0 GANTIA RAMARAO, AGED ABOUT 46 YEARS, OCC-FARMER, DESAPATRUNIPALEM VILLAGE, ANAKAPALLI DISTRICT. R/0 PARAVADA MANDAL, ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT AT ANAKAPALLI. 3.THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI REVENUE DIVISION, AT ANAKAPALLI. 4.THE TAHASILDAR, YELAMANCHILI MANDAL, ANAKAPALLI DISTRICT. 5.THE CHIEF COMMISSIONER OF LAND ADMINISTRATION CCLA, AND 3RD FLOORS, APIIC BUILDING, ANDHRA PRADESH MANGALAGIRI, GUNTUR DISTRICT-522503. ...RESPONDENT(S): 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 2 pleased be pleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the 2nd respondent in not deleting the petitioners land to an extent of Ac 4.93 cents in Sy.No.365/2 of Yerravaram Village, Yelamanchili Mandal, Anakapalli District from prohibitory list under section 22 -A (1) of Registration Act, 1908 as per the Circular in CCLAs Lr.No.Assn.l(l) / 350 /2022, dated 04.05.2022 issued by the 5th respondent and by considering the report of 4rt respondent in Rc.No. 07/2023/SA/dt 28.10.2024 as illegal, arbitrary and violative of Article 14 and 21 of Constitution of India and be pleased to pass 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 may be pleased to grant interim directions to the 2nd respondent to delete the petitioner’s land to an extent of Ac 4.93 cents in Sy.No.365/2 of Yerravaram Village, Yelamanchili Mandal, Anakapalli District from prohibitory list under section 22 -A (1) of Registration Act, 1908 pending the disposal of writ petition and pass Counsel for the Petitioner; 1.T VSRI DEVI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ::ORDER;: Heard Sri C.Upendra, learned counsel representing Ms T.V.Sri Devi, learned counsel for the petitioner and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 5. nd The above writ petition has been filed to declare the action of 2 respondent in not deleting the petitioner’s land to an extent of Ac.4.93 cents in Sy.No.365/2 of Yerravaram Village, Yelamanchili Mandal, Anakapalli District from the list of prohibitory properties under Section 22A of the Registration Act, 1908 as per the Circular in CCLA’s Lr.No.Assn.l(1)/350/2022 dated 04.05.2022 issued by the 5^*^ respondent and the report of the vide 2. Rc.No.07/2023/SA/datGd 28.10.2024, submitted by the 4 illegal and arbitrary. respondent, as 3. Learned counsel for the petitioner would submit that the then Tahsildar assigned land to an extent of Ac 4.93 cents in Sy.No.365/3 of Yerravaram Village, Yelamanchili Mandal, Anakapalli District to Guruvuindala Nookaraju, Ex-serviceman vide D.R.No.2/97 dated 10.12.1997. The assignee sold the extent to the petitioner, after expiry of 10 years of the assignment under registered document No. 1686/2008 dated 26.03.2008. The assignee filed W.P.No.2653 of 2008 before the Composite High Court when the Sub- Registrar declined to register the document. The said writ petition disposed of on 12.02.2008, directing the Sub-Registrar to receive and register the document. Accordingly, the document was registered. was The 4*^ respondent issued Form-11 notice vide Rc.No.07/2023/SA dated 4. 25.01.2023 under Rule 3 of the AP assigned lands (Prohibition of Transfers) Rules, 2007. Petitioner submitted a reply dated 17.02.2023 and later filed W.P.No.17769 of 2023. An interim order was granted on 19.07.2023, and the same is pending. Thereafter, the 4*^ respondent withdrew the Form I and II notices and closed the inquiry through proceedings vide Rc.No.07/2023/SA dated 27.01.2024. 5. The property is included in the list of prohibitory properties under Section 22A of the Registration Act, 1908. The petitioner made a representation to the 2"'^ respondent and requested the authority to delete the property. The 2"^ respondent sought a report from the 4‘^ respondent, and accordingly, the 4’ respondent submitted a detailed report vide Rc.No.07/2023/SA dated 28.10.2024 recommending denotification. The 3’^'^ respondent(R.D.O.) also issued an endorsement vide Rc.No.240/2024/SA dated 06.12.2024. 4 Despite the report submitted by the respondent, the 2"^^ respondent has not deleted the aforementioned property from the list of prohibitory properties. 6. Learned Assistant Government Pleader for Revenue submitted instructions of the Tahsildar, Yelamanchili. A perusal of the instructions would disclose that the 2^^ respondent raised certain queries and directed the Tahsildar to submit a report. The Tahsildar prepared a report, and the same will be submitted shortly. Learned Assistant Government Pleader for Revenue would submit that the Tahsildar will submit the report within three weeks. Thereafter, the 2 respondent will pass appropriate orders within six weeks Given the facts and circumstances, the writ petition is disposed of, at the admission stage with the consent of both the learned counsel, directing the learned 4**^ respondent to submit a reply report to the 2"^^^ respondent in connection with Ac.4.93 cents in Sy.No.365/2 of Yerravaram Village, Yelamanchili Mandal, Anakapalli District within three (03) weeks from the date of receipt of copy of the order. Thereafter, the learned 2""^ respondent shall pass appropriate orders strictly as per rules within six (06) weeks. No order as to costs. 7. 8. 9. nd 10. Miscellaneous petitions pending, if any, shall stand closed. Sd/- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat of A.P., Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Anakapalli District at Anakapalli. 3. The Revenue Divisional Officer, Anakapalli Revenue Division, At Anakapalli. 4. The Tahasildar, Yelamanchili Mandal, Anakapalli District. 5. The Chief Commissioner of Land Administration CCLA, Andhra Pradesh, and 3rd Floors, APIIC Building, Mangalagiri, Guntur District. One CC to Smt. T V Sri Devi Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies 6. 7. 8. TF • HIGH COURT DATED;15/07/2025 ORDER WP NO. 17490 OF 2025 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS