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2025 DAILYLAW 24634 (AP)

Aruru Srinivasachari, v. The State of Andhra Pradesh,

WP/17501/2025 · 2025-07-10

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010347182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fm FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17501 OF 2025 Between: 1. Aruru Srinivasachari,, S/o. Veera Brahmaiah Achari, Age 59, R/o. 2/68- B, Sarada Nagar, Near LAP School, VTC Gudur, PO, Gudur, Tirupathi, Andhra Pradesh. 2. Aruru Guru Gayatri,, W/o. Aruru Srinivasachari, Age 27, R/o. 2/68-B, Sarada Nagar, Near LAP School, VTC Gudur, PO, Gudur, Tirupathi, Andhra Pradesh. 3. Aruru Devi Durga,, W/o. Aruru Srinivasachari, Age 25, R/o. 2/68-B, Sarada Nagar, Near LAP School, VTC Gudur, PO, Gudur, Tirupathi, Andhra Pradesh. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Stamps and Registrations Amaravati, Guntur District. 2. The District Collector, Tirupathi, Tirupathi District, Andhra Pradesh. 3. The District Registrar, Tirupathi, Tirupathi District, Andhra Pradesh. 4. The Revenue Divisional Officer, Guduru Division, Tirupathi District. 5. The Mandal Revenue Officer, Chillakur Mandal, Tirupathi District Secretariat, Velagapudi ...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, direction or order, particularly one in the nature of Mandamus declaring the action of the respondents, particularly the 2nd respondent. District Collector, in not considering the petitioners applications vide TTA012400124702 TTA012400124694 and TTA012400124700 dated 16-12-2024 to delete the lands of the petitioners situated in Sy.No.876-1D1, 876-1D2, 876-1D3 of Kadivedu Village, Chillakur Mandal, Tirupathi District, from the Prohibitory Property List maintained under Section 22-A of Registration Act, 1908, as the same is illegal, arbitrary, unsustainable, contrary to law and against the principles of natural justice and consequently to direct the respondents to remove the lands of the petitioners situated in Sy.No.876-1D1, 876-1D2, 876- 1D3 of Kadivedu Village, Chillakur Mandal, Tirupathi District, from the Prohibitory Property List, under Sec 22-A of the Registration Act, 1908, by considering the applications of the petitioners vide TTA012400124702, TTA012400124694 and TTA012400124700 dated 16- 12-2024 and in view of the orders of the 1st respondent in Memo No. REV01- LANAOCOUC/53/2025- LANDS-VIII dated 12-02-2025. 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 2nd respondent. District Collector, to remove the lands of the petitioners situated in Sy.No.876-1D1,876-1D2, 876-1D3 of Kadivedu Village, Chillakur Mandal, Tirupathi District, from the Prohibitory Property List under Sec 22-A of the Registration Act, 1908, by considering the applications of the petitioners vide TTA012400124702 TA012400124700 dated 16-12-2024 and in view of the orders of the 1 St respondent in Memo No. REV01-LANA0CDUC/53/2025-LANDS-VIII dated 12-02-2025. TTA012400124694 and Counsel for the Petitioners: SRI P SAI SURYA TEJA Counsel for the Respondent Nos. 2,4 and 5: GP FOR REVENUE Counsel for the Respondent Nos. 1 and 3: GP FOR REGISTRATION AND STAMPS The Court made the following order: APHC010347182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0 FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17501/2025 Between; 1.ARURU SRINIVASACHARI,, S/0. VEERA BRAHMAIAH ACHARI, AGE 59, R/0. 2/68-B. SARADA NAGAR, NEAR LAP SCHOOL, VTC GUDUR, PO, GUDUR, TIRUPATHI, ANDHRA PRADESH. 2.ARURU GURU GAYATRI,, W/0. ARURU SRINIVASACHARI, AGE 27, R/0. 2/68-B, SARADA NAGAR, NEAR LAP SCHOOL, VTC GUDUR, PO, GUDUR, TIRUPATHI, ANDHRA PRADESH. 3.ARURU DEVI DURGA,, W/0. ARURU SRINIVASACHARI, AGE 25, R/0. 2/68-B, SARADA NAGAR, NEAR LAP SCHOOL, VTC GUDUr’ PO, GUDUR, TIRUPATHI, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF STAMPS AND REGISTRATIONS, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, TIRUPATHI, TIRUPATHI DISTRICT, ANDHRA PRADESH. 3.THE DISTRICT REGISTRAR, TIRUPATHI, TIRUPATHI DISTRICT, ANDHRA PRADESH. 4.THE REVENUE DIVISIONAL OFFICER, GUDURU DIVISION TIRUPATHI DISTRICT. 5.THE MANDAL REVENUE OFFICER CHILLAKUR MANDAL, Hr TIRUPATHI DISTRICT ...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 pleased topleased to issue a writ, direction or order, particularly one in the nature of Mandamus declaring the action of the respondents, particularly the 2nd respondent. District Collector, in not considering the petitioners applications vide TTA012400124702 TTA012400124694 and TTA012400124700 dated 16-12-2024 to delete the lands of the petitioners situated in Sy.No.876-1D1, 876-1D2, 876-1D3 of Kadivedu Village, Chillakur Mandal, Tirupathi District, from the Prohibitory Property List maintained under Section 22-A of Registration Act, 1908, as the same is illegal, arbitrary, unsustainable, contrary to law and against the principles of natural justice and consequently to direct the respondents to remove the lands of the petitioners situated in Sy.No.876-1D1, 876-1D2, 876- 1D3 of Kadivedu Village, Chillakur Mandal, Tirupathi District, from the Prohibitory Property List, under Sec 22-A of the Registration Act, 1908, by considering the applications of the petitioners vide TTA012400124702 TTA012400124700 dated 16-12-2024 and in view of the orders of the 1st respondent in Memo No. REV01-LANA0COUC/53/ 2025- LANDS-VIII dated 12-02-2025 TTAOI2400124694 and 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 pleased to direct the 2nd respondent. District Collector, to remove the lands of the petitioners situated in Sy.No.876-1D1,876-1D2, 876-1D3 of Kadivedu Village, Chillakur Mandal, Tirupathi District, from the Prohibitory Property List under Sec 22-A of the Registration Act, 1908, by considering the applications of the petitioners vide TTAOI2400124702, TA012400124700 dated 16-12-2024 and in view of the orders of the 1 St respondent in Memo No. REV01-LANA0CDUC/53/2025-LANDS-VIII dated 12-02-2025 TTAOI 2400124694 and Counsel for the Petitioner(S): 1.P SAI SURYATEJA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following; 4 i THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION N0:17501/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ direction or order particularly one in the nature of Mandamus declaring the action of the respondents particularly the 2'’^ respondent District Collector in not considering the petitioners’ applications vide TTA012400124702, TTA012400124694 and TTA012400124700 dated 16.12.2024 to delete the lands of the petitioners’ situated in Sy.No.876-1D1, 876-1D2, 876-1D3 of Kadivedu Village, Chlllakur Mandal, TIrupathI District from the Prohibitory Property List maintained under Section 22-A of Registration Act, 1908 as the same is illegal, arbitrary, unsustainable, contrary to law and against the principles of natural justice and consequently to direct the respondents to remove the lands of the petitioners’ situated in Sy.No.876-1D1, 876-1D2, 876-1D3 of Kadivedu Village, Chillakur Mandal, TIrupathi District from the Prohibitory Property List under Sec 22-A of the Registration Act, 1908 by considering the applications of the petitioners vide TTA012400124702, TTA012400124694 and TTA012400124700 dated 16.12.2024 and In view of the orders of the 1^‘ respondent in Memo No. REV01-LANA0COUC/53/2025-LANDS-VIII dated 12.02.2025 and to pass such other order or orders....” Heard learned counsel for the petitioners and learned Government 2. Pleader for Revenue for the respondents. 5 3. Learned counsel for the petitioners are the absolute owners and submits that the petitioners herein possessors of the land admeasuring to an extent of Ac.5.00 cents each situated in Sy.No.876-1D1, 876-1D2, Kadivedu Village, Chillakur Mandal, 876-1D3 of Tirupathi District having purchased the Rao on 09.07.1998. Since then petitioners herein have been in peaceful possession and enjoyment of their said lands from one Sri P.Rama Mohan the respective properties. Later, in view of their long standing possession, the revenue authorities mutated the records and issued pattadar pass books names of the petitioners in the revenue and title deeds in their favour. Later, to their surprise, the petitioners herein came to know that the subject lands have been placed in the prohibited property list under Section 22-A of the Registration Act, 1908. The said action was taken place without i - - issuing any as contemplated under the Act. submitted applications dated 16.12.2024 to notice and without following due procedure For which, the petitioners herein the respondent No.2 requesting him to remove the subject lands from the In turn, the said application is forwarded to prohibited properties list. respondent No.4. 4. While things stood thus, W.P.(PlL).No.196 of 2024 stating that Principal Secretary, District Collector N.Muneendra one Reddy filed a representation to the and RDO regarding illegal mutations of wherein, this Court with a direction to the Principal Secretary, ict Collector, Tirupathi to conduct detailed he submitted the Government land in favor of the petitioners. was pleased to dispose of the PIL Revenue department and the Distri enquiry and to pass a speaking order on the representation submitted by the petitioner within a period of two (02) months by hearing all the parties concerned. Pursuant to the said order, respondent No.1 passed a speaking order dated 12.02.2025 concluding that the subject land is not a Government land or a surplus land and it is purely a private patta land which is passed by succession. Even though a clear finding is made in the speaking order dated the respondents did not choose to consider the applications submitted by the petitioners herein. Aggrieved by the same, the petitioner herein filed the present writ petition. 12.02.2025, so far. On the other hand, learned Government Pleader for Revenue for the 5. respondents readily agreed to dispose of the applications/ representation dated 16.12.2024 submitted by the petitioners in view of the speaking orders dated 12.02.2025 passed by respondent No.1, pending with the authorities. within a reasonable time. In view of the submission of the learned Government Pleader for 6. Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in ‘‘The Government of India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the applications 2004 (1) see 769 dated 16.12.2024 submitted by the petitioners, this Court find no other alternative except to issue such direction. In the result, with the consent of both the learned counsel, the writ petition is disposed of, directing the respondents to consider and dispose of the applications dated 16.12.2024 submitted by the petitioners, by taking into consideration the speaking orders dated 12.02.2025 passed by respondent No.1 with reference to W.P.(PIL) No.196 of 2024, after providing opportunity of hearing to all the parties concerned, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/-KTATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Department of Stamps and Registrations, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Tirupathi, Tirupathi District, Andhra Pradesh. 3. The District Registrar, Tirupathi, Tirupathi District, Andhra Pradesh. 4. The Revenue Divisional Officer, Guduru Division, Tirupathi District. 5. The Mandal Revenue Officer, Chillakur Mandal, Tirupathi District 6. One CC to Sri. P Sai Surya Teja Advocate [OPUC] 7. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] 9. Three CD Copies HIGH COURT DATED:11/07/2025 ORDER WP NO. 17501 OF 2025 gf 2 5JUL 2025 DISPOSING THE WP WITHOUT COSTS