APHC010350622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY NINETH DAY OF JUL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17744 OF 2025 Between: Shaik Chand Basha, S/o Madarsab, Aged about 58 years, Occ; Business, R/o. D.No.1-1135-6, Adapala Street, Kadiri Town and Mandal, Sri Satya Sai District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary Revenue (Registration and Stamps) Department, Secretariat Buildings, Velagapudi Amaravati, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep. by the Secretary, Revenue Secretariat Buildings, Velagapudi, Endowments Department, Amaravati, Andhra Pradesh. 3. The Commissioner, Endowments Department, Andhra Pradesh. 4. The Sub-Registrar, Kadiri Mandal, Sri Satya Sai District. 5. Sreemath Khadri Lakshminarasimha Swamy Temple, Rep by. Its Executive Officer, Kadiri Town and Mandal, Sri Satya Sai District. ...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, order or orders more particularly one in the nature of Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondents in placing the petitioners land admeasuring 121 Sq. Yards situated in Sy.No. 683-2 at Kadiri Town and Mandal, Sri Satya Sai District (Erstwhile Anantapuramu District) in the prohibited properties list U/s 22A(1)(c) of the Registration Act. by treating it as endowment land in spite of the same being sold in a public auction in the year 1958 vide registered sale deed dated 3977/1959 and 3978/1959 as illegal, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct respondents to delete the aforesaid land from the prohibited list. 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 to receive, register and release any sale deed pertaining to land admeasuring 121 Sq. Yards situated in Sy.No. 683-2 at Kadiri Town & Mandal, Sri Satya Sai District (Erstwhile Anantapuramu District) without reference to the said land being in a prohibited properties list. Counsel for the Petitioner: SAI MANOJ REDDY L Counsel for the Respondent Nos.1 & 4:GP FOR STAMPS AND REGISTRATION Counsel for the Respondent Nos.2 & 3:GP FOR ENDOWMENTS Counsel for the Respondent No.5: SRI T. VEND GOPAL, SC FOR ENDOWMENTS The Court made the following order: APHC010350622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17744/2025 Between: 1.SHAIK CHAND BASHA, , S/0 MADARSAB AGED ABOUT 58 YEARS, OCC- BUSINESS R/0 D.NO. 1-1135-6, ADAPALA STREET, KADIRI TOWN AND MANDAL, SRI SATYA SAI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY REVENUE (REGISTRATION AND STAMPS) DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, ANDHRA PRADESH. 2.THE STATE OF ANDHRA PRADESH, REP. BY THE SECRETARY DEPARTMENT, SECRETARIAT REVENUE BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. ENDOWMENTS . 3.THE COMMISSIONER, ENDOWMENTS DEPARTMENT, ANDHRA PRADESH. 4. THE SUBREGISTRAR, KADIRI MANDAL, SRI SATYA SAI DISTRICT. 5.SREEMATH KHADRI LAKSHMINARASIMHA SWAMY TEMPLE, REP BY. ITS EXECUTIVE OFFICER, KADIRI TOWN AND MANDAL, SRI SATYA SAI 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 tomay be pleased to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondents in placing the petitioners land admeasuring 121 Sq. Yards situated in Sy.No. 683-2 at Kadiri 2 Town and Mandal, Sri Satya Sai District (Erstwhile Anantapuramu District) in the prohibited properties list U/s 22A(1)(c) of the Registration Act, by treating it as endowment land in spite of the same being sold in a public auction in the year 1958 vide registered sale deed dated 3977/1959 and 3978/1959 illegal, arbitrary and violative of Article 14, 21 and 300-Aof the Constitution of India and consequently direct respondents to delete the aforesaid land from the prohibited list and 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 direct the Respondents to receive, register and release any sale deed pertaining to land admeasuring 121 Sq. Yards situated in Sy.No. 683-2 at Kadiri Town & Mandal, Sri Satya Sai District (Erstwhile Anantapuramu Dis- trict) without reference to the said land being prohibited properties list and pass Counsel for the Petitioner: 1. SAI MANOJ REDDY L Counsel for the Respondent(S): 1.TVENU GOPALSC FOR ENDOWMENTS (RAYALASEEMA REGION) 2.GP FOR ENDOWMENTS 3.GP FOR REGISTRATION AND STAMPS The Court made the following: as in a ORDER:- Heard Sri L.Sai Manoj Reddy, learned counsel for the petitioner, learned Government Pleader for Registration and Stamps appearing for the 1®* to 4**^ respondents and Sri TVenu Gopal, learned Standing Counsel for 5“^ respondent. 2. Being aggrieved by the proceedings of the respondents in placing the subject property under the prohibited category of registration, in terms of 3 the provisions under Section 22-A (1) (c) of the Registration Act, 1908, the instant writ petition is filed. It is contended that the petitioner is the absolute owner and possessor of the subject land, having purchased the same under a valid registered sale deed for valuable consideration vide bearing Document No.3508 of 1987. When the petitioner proposed to sell the property, he had come to know about the prohibition in registering the property. 3. 4. It is contended that the subject property was initially belonged to the 5**^ respondent-temple. The temple after obtaining permission from the Government, the temple sold the land in public auction in 1959 and the same was registered in favour of the highest bidders. The petitioner’s predecessors in title, was one of the said auction purchasers. Thus, it is contended that the tempi® once having sold the land in public auction and after the same being subsequently sold to several other persons, cannot claim title in respect of the same land. It is argued by the learned counsel for the petitioner that the land was also subdivided as Sy.Nos.683-1 & 683-2, after the auction. Challenging the proceedings of placing the property under prohibited list, in 2013. Some of the aggrieved persons approached this Court and filed a writ petition in In the said writ petition, this Court, taking into consideration the submission made on behalf of the temple, directed the registering authorities to receive and process the documents without reference to the prohibitory list. Similarly, in a similar situation, another writ petition 5. W.P.No.7455 of 2013. was 4 filed in W.P.No.429 of 2017. This Court directed the authorities to remove the property from prohibited list. The learned counsel for the petitioner prays the Court to pass similar orders in the present case. Considered the rival submissions. 6. Having regard to the undisputed fact that the temple itself had 7. sold the property after obtaining permission from the Government, the temple cannot claim any title in respect of the same. Placing reliance on the decision of this Court in W.P.No.7455 of 8. 2013 dated 28.03.2013, the writ petition is disposed of, granting liberty to the petitioner to file an application before the 3'^'* respondent, within a period of one week, seeking deletion of the subject properties from the category under Section 22-A (1) (c) of the Registration Act, 1908. Upon filing of such application, the 3'^'^ respondent is directed to pass appropriate orders, taking into consideration the orders passed by this Court in W.P.No.7455 of 2013, after giving an opportunity to the petitioner. Needless to observe that the 3'"'^ respondent shall pass appropriate orders, in accordance with law, as expeditiously as possible, not later than eight (8) weeks from the date of the receipt of the filing of the application, filed by the petitioners. There shall be no order as to costs. 5 As a sequel, interlocutory applications, pending if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// 1 0^ SECTION OFFICER To, 1. The Principal Secretary Department, State of Andhra Pradesh Velagapudi Amaravati, Andhra Pradesh. 2. The Secretary, Revenue Endowments Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Pradesh. 3. The Commissioner, Endowments Department, Andhra Pradesh. 4. The Sub-Registrar, Kadiri Mandal, Sri Satya Sai District. 5. The Executive Officer, Sreemath Khadri Lakshminarasimha Swamy Temple, Kadiri Town and Mandal, Sri Satya Sai District. 6. One CC to Sri Sai Manoj Reddy L, Advocate [OPUC] 7. One CC to Sri T. Venu Gopal, SC for Endowments [OPUC] 8. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. Revenue (Registration and Stamps) Secretariat Buildings, Amaravati, Andhra ssb HIGH COURT DATED:29/07/2025 \ ORDER WP No.17744 OF 2025 <ss^ 0 <1 SEP 2025 I »SiiCT»iiis«ciimx^ ^'«£S£4Ija5^ O' DISPOSING OF THE W.P. WITHOUT COSTS