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2025 DAILYLAW 25358 (AP)

P V Krishnaiah v. The State of Andhra Pradesh,

WP/18291/2025 · 2025-07-24

Subba Reddy Satti

body2025

Judgment text

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\ APHC010358102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS FRIDAY, THE TWENTY FIFTH DAY OF JULY ^ TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18291 OF 2025 Between: P V Krishnaiah, S/o. Late Chinna Venkataramanappa, Aged about 66 years, Occ; Cultivation, R/o.D.No.27/7/200, Muddireddypalli Village, Hindupur Mandal, Sri Sathya Sai District Erstwhile Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary Revenue Department, Secretariat Buildings, at Velagapudi, Amaravati. Andhra Pradesh. 2. The District Collector, Sri Satya Sai District at Puttaparthi Anantapur District. 3. The Revenue Divisional Officer, Penukonda Division, Penukonda Sri Satya Sai District Erstwhile Anantapur District. 4. The Tahsildar, Hindupur Mandal, Sri Satya Sai District Erstwhile Anantapur District. 5. The District Registrar, Hindupur, Sri Satya Sai District Erstwhile Anantapur District. 6. The Joint Sub-Registrar, Office of the Sub-Registrar, Hindupur, Sri Satya Sai District Erstwhile Anantapur District. Erstwhile ...Respondents Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith India praying that in the the High Court may be pleased to issue a Writ, One in the nature of a Writ of Mandamus or any other ’ appropriate Wirt, Direction ' f -f' Respondent in not taking extent of Ac.5.86 cents i Order declaring the action of the 2nd or any steps for deletion of petitioners property i ■ in Sy.No.105-1 at Maluguru village of Hindupur Mandal, Sri Sathya Sai District from in an the prohibited list by considering properties not come under Assignment lands as petitioners purchased the property from the auction purchaser in Co-operative Bank auction petitioner made Mee-Seeva Application 21-08-2024 as highly illegal, arbitrary and No.5 and 6 in decline to even after No. TTA012400121548 dated the further action of the respondent receive and accept the sale deeds presented by the '■elying on the prohibition list urnished by the 2nd respondent as illegal, arbitrary and violative of article 14, 21, 300-A of Constitution of India Registrar, Srikalahasthi petitioner in respect of above said land and violative of law declared in Sub vs. K.Guravaiah and another reported in 2009 (3) consequently direct the 2nd respondent to delete aforesaid land from the prohibited list wi ALT 85 (DB) and the with the further direction to the 5th and receive, admit the sale deed sought to be the petitioners for registration and release the same. X 6th respondents to presented by lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated m the affidavit filed in support of the petition, the High Court may be pleased to irect the 5th and 6th respondents to receive, admit the sale of land an extent of Ac.5.86 deed in respect Sy.No. 105-1 at Maluguru village Hindupur Mandal, Sri Sathya Sai District., sought to be presented by the petitioners for registration and release the same without reference to the of prohibited list sent by the 2nd respondent. counsel for the Petitioner: SRI P NARAHARI BABU counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE counsel for the Respondent Nos. 5 & 6: GP FOR REGISTRATION AND STAMPS Yhe Court made the following order: APHC010358102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3331] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 18291/2025 Between: 1.P V KRISHNAIAH, , S/0. LATE CHINNA VENKATARAMANAPPA AGED ABOUT 66 YEARS, OCC CULTIVATION, R/O.D.NO.27/7/200, MUDDIREDDYPALLI VILLAGE, HINDUPUR MANUAL, SRI SATHYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY, BUILDINGS, AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT AT PUTTAPARTHI, ERSTWHILE ANANTAPUR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, PENUKONDA DIVISION, PENUKONDA SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. REVENUE DEPARTMENT, SECRETARIAT 4.THE TAHSILDAR, HINDUPUR MANUAL, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. 5.THE DISTRICT REGISTRAR, HINDUPUR, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT. 6.THE JOINT SUBREGISTRAR, OFFICE OF THE SUB-REGISTRAR, HINDUPUR, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR -DISTRICT. ...RESPONDENT{S): ^3ge 2 of 4 circunnstances he Pleased ,o issue a Writ, One fn lh:! e „ : wTof h"'' approprtate Wirt, Direction or Order declaring ,h" AO 5 6tn? f peLners S^hya Sai DistL CthfprlhTbited Hs'by clliLring auctn^^rr - Mee-Seeva Application No. TTA012400121548riarT9^i^^'^ Petitioner made illegal, arbitrary and the further action of the re 08-2024 as highly to receive and accept the sale 4?!! '^®=PO"''ent No.5 and 6 in decline above said land ^ Xing onihe °f —n. 33 iij^tn^rry" Tnd so::::::: vi. r^:ra:Ltrtoti'r -"'-Sa: r„=r?=rjs="rr:;“ ^ receive, admit the sale deed sought to be respondents to registration and release the lA NO: 1 OF 7()9fi TMmimmm Hindupur Mandal, Sri Sathya Sai District souoht to petitioners for registration and releasT he same wlthoufTr '' "" prohibited list sent by the 2'»'^ respondent and paL or any other of the 2"'^ Respondent property in an extent of of Hindupur Mandal, Sri properties not come presented by the petitioners for same and pass of to the Counsel for the Petitioner: 1.P NARAHARI BABU Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS - •> The Court made the following: ORDER Heard Sri P.Narahari Babu, learned counsel for the petitioner and Sri B.V.Satyanarayana, learned Assistant Government Pleader for Revenue for the respondents. 2. Learned counsel for the petitioner would submit that the petitioner is the possessor and owner of an extent of Ac.5.86 cents in S.No. 105-1 of Maluguru village, HindupurMandal, Sri Satya Sai District, and he acquired the said property in a public auction conducted by the Hindupur Cooperative Agricultural Development Bank Ltd., Hindupur in E.P.No.26 of 1985-86 on 17.03.1986. He would submit that originally the said land was assigned to one P.Anjinappa, S/o Pakerappa, and the said assignee mortgaged the land with the Hindupur Cooperative Agricultural Development Bank Ltd., Hindupur, and thereafter filed to repay the loan amount. Subsequent to the purchase of property in the public auction, the 4*'^ respondent mutated the name of the petitioner in the record of rights and issued a pattadar pass book and title deed. The petitioner intended to alienate the subject propertyand approached the 5*^ respondent, and he came to know that the subject property is included in the list of prohibited properties under Section 22-A (1) (a) of the Registration Act, 1908. Thereupon, the petitioner made an application dated 21.08.2024 (Ex.P1) to delete the property from the list of prohibited properties. The 4 respondent-Tahsildar, through the Revenue Divisional Officer, submitted a report to the 2"'^ respondent vide Rc.No.391/2024/B, dated 04.07.2025. He would submit that, despite the report of the Tahsildar, the 2"^^ respondent, being the competent authority, has not passed any order so far. ] 'A th 3. Learned Assistant Government Pleader for Revenue would submit that respondent will pass an appropriate order, at an early date, considering the Tahsildar’s report. nd the 2 Given the facts and circumstances of the case, the Writ Petition is disposed of directing the 2'^^ respondent to consider the request of the petitioner to delete the property of an extent of Ac.5.86 cents in S.No.105-1 of Maluguru village, Hindupur Mandal, Sri Satya Sai District from the list of prohibited properties, duly considering the Tahsildar’s report (Ex.P2), within six weeks from the date of receipt of a copy of this order. Learned 2 respondent shall consider the order passed by the Division Bench of the composite High Court of Andhra Pradesh in Sub-Registrar, Srikalahasti Vs. K. Guravaiah*. No order as to costs. 4. nd As a sequel, pending miscellaneous petitions, if any, shall stand closed. ^ (2009) 2 ALD 250 : (2009) 3 ALT 85 Sd/- K KASIRAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// d^^^oi^lCER SE To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, at Velagapudi, Amaravati, Andhra Pradesh. 2. The District Collector, Sri Satya Sai District at Puttaparthi, Erstwhile Anantapur District. 3. The Revenue Divisional Officer, Penukonda Division, Penukonda Sri Satya Sai District Erstwhile Anantapur District. 4. The Tahsildar, Hindupur Mandal, Sri Satya Sai District Erstwhile Anantapur District. 5. The District Registrar, Hindupur, Sri Satya Sai District Erstwhile Anantapur District. 6. The Joint Sub-Registrar, Office of the Sub-Registrar, Hindupur, Sri Satya Sai District Erstwhile Anantapur District. 7. One CC to Sri P Narahari Babu, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] — r^r\ A r\ HIGH COURT DATED:25/07/2025 ORDER WP NO. 18291 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS