Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 25072 (AP)

SANAKA HEMALATHA v. The State of Andhra Pradesh,

WP/18242/2025 · 2025-07-27

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

I APHC010354352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0a? no: o I MONDAY,THE TWENTY EIGHTH DAY OF JULY L TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18242 OF 2025 Between: Sanaka Hemalatha, W/o Sanaka Sampat Kumar, Aged about 53 years Occupation Employee Gunadala, Vijayawada - 520004. R/o. 4F4, B Block, AB Twins Apartments ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Special Commissioner, Survey, Settlements and and Member-Convenor, Committee, Vijayawada. 3. The Special Chief Secretary and Chief Commissioner Administration, Vijayawada. 4. The District Collector, Guntur, Guntur District. Land Records of Land ...Respondents praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or direction, preferably a writ of Mandamus, declaring the action of the Respondents in not disposing of the application vide number Rc. No. C1/176/2018 dated 22-01-2018 05.07.2016 as illegal, arbitrary and violative of the principles of natural justice Petition under Article 226 of the Constitution of India under G.O.Ms.No.300 dated consequently direct the Respondents to dispose of Petitioner application vide number Rc. No. C1/176/2018 dated 22-01-2018 under G.O.Ms.No.300 dated 05.07.2016 within a stipulated time period and to pass any such other order or orders as this Hon’ble Court may deem fit and proper in the interest of Justice 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 3rd Respondent to dispose of my application vide number Rc. No. Cl/176/2018 dated 22-01-2018 under G.O.Ms.No.300 dated 05.07.2016 pending disposal of this Writ Petition. Counsel for the Petitioner: SRI T V P SAI VIHARI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: APHC010354352025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18242/2Q2fi Between: 1.SANAKA HEMALATHA, W/0. SANAKA SAMPAT KUMAR, ABOUT 53 YEARS, OCCUPATION EMPLOYEE, R/Q. 4F4, B BLOCK, AB TWINS APARTMENTS, GUNADALA, VIJAYAWADA - 520004. ...PETITIONER AGED AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT, SECRETARY, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE SPECIAL COMMISSIONER LAND RECORDS AND VIJAYAWADA. 3.THE SPECIAL CHIEF SECRETARY AND CHIEF COMMISSIONER OF LAND ADMINISTRATION, VIJAYAWADA. 4.THE DISTRICT COLLECTOR, GUNTUR, GUNTUR 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 to issue a writ or direction, preferably a writ of Mandamus, declaring the action of the Respondents in not disposing of the application vide number Rc. No. 05.07.2016 as illegal, arbitrary and violative of the principles of natural justice and consequently direct the Respondents to dispose of Petitioner application SURVEY, SETTLEMENTS AND MEMBER-CONVENOR, COMMITTEE, Cl/176/2018 dated 22-01-2018 under G.O.Ms.No.300 dated 2 vide number Rc. No. Cl/176/2018 dated 22-01-2018 under G.O.Ms.No.300 dated 05.07.2016 within a stipulated time period and to pass any such other order or orders as this Honble Court may deem fit and proper in the interest of Justice 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 3rd Respondent to dispose of my application vide number Rc. No. Cl/176/2018 dated 22-01-2018 under G.O.Ms.No.300 dated 05.07.2016 pending disposal of this Writ Petition and to pass any other order this Hon’ble Court may deem fit in the interest of Justice. Counsel for the Petitioner: 1.TVPSAI VIHARI Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORDER: Heard Sri Shaik Rafi, learned counsel representing Sri TVP Sai Vihari, learned counsel for the petitioner and Sri Krishna Reddy, learned Government Pleader for Revenue for the respondents. 2. Learned counsel for the petitioner would submit that the petitioner is the absolute owner and possessor of land admeasuring 628 Sq.yards, Plot Nos.191 and 192 in Sy.No.23/4 of Kolanukonda Village, Tadepalli Mandal, Guntur District (hereinafter referred to as “subject land”). The petitioner purchased the same under a registered document No.5400 of 2005. The said subject land was included under the prohibited list of properties under Section 22-A of the Registration Act, 1908 (for short “the Act”) under G.O.Ms.No.197 Revenue (Assn.l) Department, dated 05.05.2016, on the ground of ‘Court Litigation’. Learned counsel would further submit that the petitioner filed a petition on the file of the 3'^^ respondent vide Rc.No.C1/176/2018 (Ex.P.1) seeking 3 deletion of land from the list of prohibited properties Act. Complaining of the non-disposal of the said petition, the above petition has been filed. under Section 22-A of the writ 3. Learned Government Pleader for Revenue, on instructions of the 4''" would submit that the respondent-District Collector, Guntur, included in 22-A(1)(b) property is per G.O.Ms.No.89 Revenue (Lands-V) Department, dated 02.03.2023. The District Collector is the competent authority to delete the subject land from the prohibited properties list as under Section 22-A(1)(b) of the Act. The application made by the considered, and an appropriate order will be petitioner dated 22.01.2018 will be passed as per law. 4. Given the facts and circumstances of the case, without going into disputed questions of facts, the Writ Petition is disposed of at the admission Stage with the consent of learned counsel on either side, directing the 4**" the petitioner vide respondent to consider the petition filed by Rc.No.Cl/176/2018 (Ex.P.1) dated 22.01.2018 seeking to delete an extent of land admeasuring 628 Sq.yards in Plot Nos. 191 and 192 Kolanukonda Village, Tadepalli Mandal, Guntur District strictly as per law within eight (8) weeks from the date of receipt of copy of this order. No order as to costs. in Sy. No.23/4 of As a sequel, pending miscellaneous petitions, if any, shall stand closed. / Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SE FICER To, 1. The Principal Secretary, Revenue Department Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Special Commissioner, Survey, Settlements and Member-Convenor, Committee, Vijayawada. 3. The Special Chief Secretary and Chief Commissioner of Land Administration, Vijayawada. 4. The District Collector, Guntur, Guntur District. 5. One CC to Sri. T V P Sai Vihari Advocate [OPUC] 6. TwoCCsto GP for Revenue High Court of Andhra 7. Two CD Copies gsc State of Andhra and Land Records Pradesh [OUT] St HIGH COURT DATED:28/07/2025 I 2 9 AUG 2025 ^ Current Section ORDER WP NO. 18242 OF 2025 DISPOSING THE WP WITHOUT COSTS