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2025 DAILYLAW 27453 (AP)

Ongole Sujatha, v. The State of Andhra Pradesh,

WA/994/2018 · 2025-03-03

K Manmadha Rao, R Raghunandan Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA MONDAY. THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE R PRADESH :: AMARAVATI RAGHUNANDAN RACK AND THE HONOURABLE DR JUSTICE K MANIVIADHA WRIT APPEAL NO: 994 OF ?ni« ^ Writ Appeal under clause ,f the Letters PatenT against the order sltoeen W.P.No.12884 of 2017 on the file of the High Court.^ RAQ. 1. Ongole Sujatha, W/o. Late Lakshmi Narsimha Rambabu, aged about 71 years, Occ; House wife, R/o- 8-2-16, Prakasam District, Second Street, Kothapet, Ongole, ^ ^ '■®P- <2PA holder M/s. Rohini Developers 2. Ongole Jayasree, W/o. Pemmaraju Satyanarayana 50 years, Occ; employee, R/o 8-2 Murthy, Aged about -16, Second Street, Kothapet, Ongole, _ ^ GPA holder M/s. Rohini Developers 3. Ongole Sreevalli, W/o. Navuluri Venkata Ravi Prasad, Aged about Prakasam District, 37 years^ Occ: House wife, R/o: 331, Long Branch runn, Deiware, OH- 5, rep. by her GPA holder M/s. Rohini Developers. 4. M/s Rohini Developers, a partnership firm, having its office at Datta Towers, Lawyerpet, Ongole, rep. by its Managing Partner M Premanath. Sal Hari ...APPELLANTS AND 1. The State of Andhra Pradesh rep. by its Principal Secretary, Revenue (Registrafion) Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The Sub-Registrar, Ongole, Prakasam 3. The Commissioner, Endowments Department Gollapudi, Vijayawada. District. Andhra Pradesh i I ...RESPONDENTS jA NO: 1 OF 2ni« Petition under Section 151 CPC stated in the affidavit filed i pleased to direct the praying that in the circumstances in support of the petition, the High Court second respondent to entertain the may be documents in respect of the lands in Survey No. 255 of Ongole. Prakasam District for its registration by suspending letter Rc.No.M2/9576/2016 written by the third dated 04.06.2016 and Inspector . A.P. Hyderabad in so far survey number is concerned, pending disposal of respondent to the Commissioner General, Stamps and Registration Department as the lands in the above the above writ petition. Counsel for the Appellants: SRI Counsel for Respondent Nos.1 P. V. S. S. S. RAMA RAO & 2: GP FOR REVENUE (STAMPS & REGISTRATION) Counsel for Respondent No.3: GP FOR ENDOWMENTS^ The Court made the following: JUDGMENT APHC010388772018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT APPEAL NO: 994/2018 Between: ...APPELLANT(S) Ongole Sujatha, and Others AND The State Of Andhra Pradesh and Others Counsel for the Appellant(S): 1.PVSSS RAMA RAO Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT(AP) 2.GPFOR REVENUE (AP) 3.GP FOR ENDOWMENTS (AP) The Court made the following: Judgment: (perHon'ble Sri Justice R. Raghunandan Rao) One Sri Ongole Sri Ramachandrudu, was granted an Inam Patta vide No.1994, for certain extent of land in Sy.Nos.154, 183 & 255 of Ongole Village, for the purposes of ensuring that ‘Padmaraju Kunta’ is kept in good condition and ail repairs are done. After the abolition of Inams, Sri Ongole Lakshminarsimha Rambabu had moved for issuance of a ryotwari patta. The ...RESPONDENT(S) f 2 RRR,J & Dr.KMR,J W.A.No.994 of 2018 ^ said application resulted in an order, dated 17.01.1961, by the Inam Deputy Tahsildar, Bapatia, holding that the grant made in the Inam Title Deed, was to an individual and that Sri Ongole Lakshminarsimha Rambabu was entitled to a ryotwari patta. Thereafter, a ryotwari patta is said to have been issued to an extent of Ac.5.30 cents in Sy.No.154, Ac.22.80 cents in Sy.No.183 and Ac.3.4 cents in Sy.No.255 of Ongole Village and Town. A pattadar passbook was also said to have been issued in favour of 2. Sri Ongole Rambabu though all the extents of land mentioned above were not set out in the pattadar passbook. The Tahsildar, Ongole, by proceedings dated 12.03.2013, had also certified that Ac.5.30 cents in Sy.No. 154/1 Ac.9.57 cents in Sy.No. 154/2, Ac.3.04 cents in Sy.No.255 are patta lands and that there was no objection for alienation of these lands. 3. Subsequently, the Commissioner, Endowments Department, A.P. Hyderabad, addressed a letter, dated 04.06.2016, to the Commissioner & Inspector General , Stamps & Registration Department A.P., Hyderabad seeking to place the aforesaid land in the prohibitory list maintained under Section22 (A) (1) (C) of the Registration Act, 1908. Thereupon, these lands were placed in the prohibitory list. Aggrieved by the action of the Commisssioner, Endowments 4. Department in requesting the Inspector General of Legislation to place the properties in the prohibitory list and being aggrieved by the action of the Inspector General in placing the lands in the prohibitory list, the appellants had 3 RRR,J & Dr.KMRJ W.A.No.994 of 2018 mov6d th© erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in W.P.No. 12884 of 2017. 5. A learned Single Judge of the erstwhile High Court had disposed of the Writ Petition, by a judgment, dated 07.03.2018. In the said judgment, the learned Single Judge, had held that, a Full Bench of the erstwhile High Court in the case of Vinjamuri Rajagopala Chary Vs. State of A.P.\ had set up a redressal mechanism where persons who are aggrieved by any placement of the lands in the prohibited register, under Section 22 (A) (1) would approach the Committee constituted for such purposes. 6. The judgment of the Full Bench in the case of Vinjamuri Rajagopala Chary Vs. State of A.P., came to be challenged before the Hon’ble Supreme Court of India, by way of Civil Appeal No.4019 of 2018, which was disposed of, on 19.04.2018. The Hon’ble Supreme Court, had issued certain directions account of which the committees which were to be constituted under the judgment in the case of Vinjamuri Rajagopala Chary Vs. State of A.P. ceased to exist. on 7. The appellants have now approached this Court by way of the present Writ Appeal, contending that, on account of the fact that, the Committees are not in existence, it would not be possible for the appellants to get relief in the matter. ^ 2016 (1) ALT 550 (FB): 2016 (2) ALD 236 (FB) 4 r RRR,J & Dr.KMRJ W.A.No.994 of 2018 Sri P. Suresh Reddy, the learned Senior Counsel appearing on behalf of Sri P.V.S.S.S. Rama Rao, learned counsel for the 8. appellants, would contend that, in such circumstances, it would be appropriate to remand the matter to the learned Single Judge for an appropriate decision on the merits of the case. 9. In view of the fact that the Order of the learned Single Judge cannot be implemented, this Court deems it appropriate to allow this Writ Appeal setting aside the Order of the learned Single Judge and remanding the matter for an appropriate decision of the learned Single Judge. back 10. Accordingly, this Writ Appeal is allowed. There shall be no order as to costs. As a sequel, pending miscellaneous applications, if any, shall stand closed. Sd/- M.RAMESH BABU DEPUTY REGISTRY //TRUE COPY// SrctlON OFFICER 1. The Principal Secretary, Revenue (Registration) Department Andhra Pradesh, Secretariat Buildings, Amaravathi 2. The Sub-Registrar, Ongole, Prakasam District. 3. The Commissioner, Endowments Department, Andhra Gollapudi, Vijayawada. 4. One CC to Sri P. V. S. S. S. Rama Rao, Advocate 5. Two CCs to GP for Revenue(Stamps & Registration), High Court of Andhra Pradesh. [OUT] 6. Two CCs to GP for Endowments, 7. Three CD Copies. To, State of Guntur District. Pradesh, [OPUC] High Court of Andhra Pradesh. [OUT] ssb •9 HIGH COURT DATED;03/03/2025 JUDGMENT WA.No.994 of 2018 of E 2 ^ MAR 2025 ' Current Section . a ALLOWING THE W.A WITHOUT COSTS