VADLAMUDI SAMBASIVA RAO v. THE STATE OF ANDHRA PRADESH
WP/625/2025 · 2025-01-10
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2862 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2862 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
r V OF ANDHRA PRADESH :: AMARAVATl . (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT BLE DR JUSTICE K MANMADHA RAO yypiT pFT»Tir>M NO: 625 OF 2025 / IN THE HIGH COURT m ml gc THE HON’ Between:
1. Vadlamudi Sambasiva Rao S/o.Subbarao, aged 59years, R/o D.No.6- 178, Nidumukkala Village, Tadikonda Mandal, Guntur
522016. 2 Veerepalli Mahesh, S/o V.M.Naidu, aged 39 years, R/o Flat No.2D Wing-I, Kegeyes, Samyuktha Apartment, Tirumala Nagar, Main Road Madambakkam, Kanchipuram,Tamilnadu - 600126 ...PETITIONERS AND Pradesh, Rep. by its Principal Secretary, Revenue Velagapudi, Guntur District-522503. 1. The State of Andhra Department, Secretariat Buildings, of Andhra Pradesh. Rep. by its Principal Secretary, Secretariat Buildings, Velagapudi, Guntur
2. The State Endowments Department District-522503. 3. The
4. The Commissioner
5. The District Registrar District. 6. The Sub-Registrar, Tadikonda, Guntur District District Collector, Guntur District, Guntur. Endowments Department. Gollapudi, Vijayawada. Stamps and Registration Department, Guntur ...RESPONDENTS Constitution of India praying that in Petition under Article 226 of the the circumstances stated in the be pleased to issue appropriate Writ, of WRIT OF MANDAMUS declaring affidavit filed therewith, the High Court may it. Order direction more particularly one the action of the in the nature
Respondents in not deleting the 1st Petitioners property of extent of Ac. 1.43 cents situated in Survey No. 140 of Nidumukkala Village, Tadikonda Mandal, Guntur District from the Prohibitory Property list placed under Section 22-A of the Registration and Stamps Act by considering the representation dated 07.12.2024, 12.12.2017 as illegal, arnitrary, and violation of principles of natural justice and in violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to delete the Petitioners property of an extent of Ac. 1.43 cents situated in Survey No. 140 of Nidumukkala Village, Tadikonda Mandal, Guntur District from the Prohibitory Property list placed under Section 22-A of the Registration and Stamps Act by considering the representation dated 07.12.2024, 12.12.2017 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 writ petition, the High Court may be pleased to DIRECT the Respondents to consider the representations dated 12.12.2017 and 07.12.2024 pending disposal of the present Writ Petition in the interest of justice pending disposal of the above writ petition.
Counsel for the Petitioner(s):SRI DEVALARAJU ANIL KUMAR Counsel for the Respondents No.1,3: GP FOR REVENUE ^ Counsel for the Respondents No.2,4: GP FOR ENDOWMENTS Counsel for the Respondents No.5,6: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER
APHC010008682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HE [3310] '46 FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 625/2025 Between: ...PETITIONER(S) Vadlamudi Sambasiva Rao and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S);
1. DEVALARAJU ANIL KUMAR Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR ENDOWMENTS The Court made the following:
ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:-
“...may be pleased to issue appropriate Writ Order direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not deleting the f®' Petitioners property of extent of Ac. 1.43 cents situated in Survey No. 140 of Nidumukkala Village Tadikonda Mandal Guntur District from the Prohibitory Property list placed under Section 22-A of the Registration and Stamps Act by considering the representation ^ t
dated 07.12.2024, 12.12.2017 as illegal, arbitrary and violation of principles of natural justice and In violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to delete the Petitioners property of an extent of Ac. 1.43 cents situated in Survey No. 140 of Nidumukkala Village Tadikonda Mandal Guntur District from the Prohibitory Property list placed under Section 22-A of the Registration and Stamps Act by considering the representation dated 07.12.2024, 12.12.2017 in the Interest of justice and to pass such...’’. 2. The case of the petitioners in brief is that the land to an extent of Ac.8.58 cents situated in R.s.No.140 of Nidumukkala Village, Thadikonda Mandal of Guntur District is classified as ‘Inam land’ as per RSR and it was converted into Ryotwari tenure and issued Ryotwari pattas under Act XXXVII of 1956. Subsequently, the father of the petitioner purchased an extent of Ac.1.43 cents situated in Sy.No.140 of Nidumukkala Village, Thadikonda Mandal at Guntur District and his father name was mutated in revenue records. Subsequently, in oral family partition, the said property was devolved upon the 1®‘ petitioner as his share. The land to an extent of Ac. 1.57 cents situated in R.S.No.140 of Nidumukkala Village, Thadikonda Mandal of Guntur District is purchased in the name of the 1®‘ petitioner from one nagulavancha veera lakshmi and pattadar pass books and title deeds were issued in his nd favour. While so, when the petitioner tried to sell the property to the 2 petitioner as per terms of the possessory agreement of sale, dated 27.11.2024 they were informed that they are not entertaining any transaction over the subject properties as the same was in prohibited list. Hence, the petitioner made representation, dated 12.12.2017 to the respondent authorities
requesting to issue No Objection Certification for Sale Transaction of the said property.
As the same was not considered, the petitioner again made representation, dated 07.12.2024 requesting to delete the subject land from the prohibited property list. But, the said representations were not considered by the respondent authorities. Hence, the present Writ Petition is filed. Heard Mr Anilkumar Devalaraju,
learned counsel for the
3. petitioners and the learned Government Pleader for Endowments appearing for the respondents. 1 On hearing,
learned counsel for the petitioners submits that
4. though the petitioners has submitted representations, dated 07.12.2024 and 12.12.2017 to respondents requesting to delete the subject land from the prohibited property list, but the respondent authorities has not considered the said representations, which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioners requests to pass appropriate orders.
5. Learned Government Pleader appearing for the respondents opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader, 4*^ respondent is directed to consider
6. and dispose of the representations, dated 07.12.2024 and 12.12.2017
submitted by the petitioners within a period of three (03) months from the date of receipt of a copy of this order.
7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.
Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District-522503.
2. The Principal Secretary, State of Andhra Pradesh, Endowments Department, Secretariat Buildings, Velagapudi, Guntur District-522503.
3. The District Collector, Guntur District, Guntur.
4. The Commissioner, Endowments Department. Gollapudi, Vijayawada.
5. The District Registrar, Stamps and Registration Department, Guntur District.
6. The Sub-Registrar, Tadikonda, Guntur District
7. One CC to SRI. DEVALARAJU ANIL KUMAR, Advocate [OPUC] ^
8. TwoCCsto GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
9. Two CCs to GP FOR ENDOWMENTS, High Court of Andhra Pradesh. [OUT]
10. TwoCCsto GP FOR STAMPS AND REGISTRATION, High Court of Andhra Pradesh. [OUT]
11. Three C.D.Copies -■7 nm
HIGH COURT DATED:10/01/2025 S' of
ORDER WP.No.625 of 2025 r X 2 9 JAN 2025 O Current S ★ DISPOSING OF THE WP WITHOUT COSTS