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2025 DAILYLAW 25116 (AP)

BANDARU UMAVATHI v. THE STATE OF AP

WP/18326/2025 · 2025-07-27

Subba Reddy Satti

body2025

Judgment text

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APHC010354392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) O MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE ♦ 0*5 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18326 OF 2025 Between: Bandaru Umavathi, W/o. Venkateswara Rao Aged about 56 Occupation Housewife, R/o. 47-8-5A, Chinna Rice Mill Street, Gunadala, Vijayawada - 520004. ...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 Land Records and Member-Convenor, Committee, Vijayawada. 3. The Special Chief Secretary and Chief Commissioner of Land Administration, Vijayawada. 4. The District Collector, Guntur, Guntur 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 or direction, preferably a writ of Mandamus, declaring the action of the Respondents in not disposing of the application vide number % Rc. No. C1/175/2018 dated 22-01-2018 under G.O.Ms.No.300 05.07.2016 as illegal, arbitrary and violative of the principles of natural justice and consequently direct the Respondents to dispose of Petitioners application vide number Rc. No. Cl/175/2018 dated 22-01-2018 under G.O.Ms.No.300 dated 05.07.2016 within a stipulated time period. dated 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 Respondent to dispose of my application vide number Rc. No.CI/175/2018 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 SHAIK RAFI, REPRESENTING SRI T V P SAI VIHARI Counsel for the Respondents: SRI KRISHNA REDDY, GP FOR REVENUE The Court made the following ORDER: APHC010354392025 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: 18326/2025 Between: 1.BANDARU UMAVATHI, W/O. VENKATESWARA RAO AGED ABOUT 56 OCCUPATION HOUSEWIFE. R/0. 47-8-5A. CHINNA RICE MILL STREET, GUNADALA, VIJAYAWADA - 520004. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. VELAGAPUDI 2.THE SPECIAL COMMISSIONER, , SURVEY, SETTLEMENTS AND LAND RECORDS AND MEMBER-CONVENOR, VIJAYAWADA. COMMITTEE 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.CI/175/2018. dated 22-01-2018 under G.O.Ms.No.300 05.07.2016 as illegal, arbitrary and violative of the principles of natural justice and consequently direct the Respondents to dispose of Petitioners application dated 2 Vide number Rc. No. Cl/175/2018 dated 22-01- 2018 under G.O.Ms.No.300 dated 05.07.2016 within a stipulated time period 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 to direct the 3rd Respondent to dispose of my application vide number Rc. No. Cl/175/2018 dated 22-01-2018 under G.O.Ms.No.300 dated 05.07.2016 pending disposal of this Writ Petition and to pass 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 owner and possessor of land admeasuring 636 Sq.yards. Plot Nos.183 and 184 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.5398 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.C1/175/2018 (Ex.P.1) seeking deletion of land from the list of prohibited properties under Section 22-A of the Act. Complaining of the non-disposal of the said petition, the above writ petition has been filed. ( ' . 3 << Learned Government Pleader for Revenue, on instructions of the 4*^ respondent-District Collector, Guntur, would submit that the property is included in 22-A(1)(b) as 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 under Section 22-A(1)(b) of the Act. The application made by the petitioner dated 22.01.2018 will be considered, and an appropriate order will be passed as per law. 3. 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 respondent to consider the petition filed by the petitioner vide Rc.No.Cl/175/2018 (Ex.P.1) dated 22.01.2018 seeking to delete an extent of land admeasuring 636 Sq.yards in Plot Nos.183 and 184 in Sy.No.23/4 of 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. th As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- Wl. SRINIVAS ASSISTANT.REGISTR^ //TRUE COPY// / OFFICER SEC To, 1. The Principal Secretary Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Special Commissioner, Survey, Settlements and Land Records and Member-Convenor, Committee, Vijayawada. 3. The Special Chief Secretary and Chief Commissioner Administration, Vijayawada. 4. The District Collector, Guntur, Guntur District. 5. OneCCto SRI. T V P SAI VIHARI, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Two CD Copies State of Andhra Pradesh, Revenue of Land sree ■ HIGH COURT DATED;28/07/2025 ORDER WP NO. 18326 OF 2025 S 2 9 AUG 2025 •a C9; ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS