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2025 DAILYLAW 31586 (AP)

INTURI SRINIVASA RAO v. THE STATE OF AP

WP/24568/2025 · 2025-09-14

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010462032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 24568/2025 Between: 1. INTURI SRINIVASA RAO, S/O.AKKAIAH, AGED ABOUT 51 YEARS, R/O.11-41-25/1, SIVAGANGA STREET, AMARAVATI VILLAGE AND MANDAL, GUNTUR DISTRICT. 2. ANNAPUREDDY SILPA, W/O. ANNAPUREDDY BUCHI RAMI REDDY AGED ABOUT 35 YEARS, R/O.D.NO.1-65, KANTERU VILLAGE, TADIKONDA MANDAL, GUNTUR DISTRICT 3. POTHINENI VENKATESWARA RAO, S/O.POTHINENI BALAKOTAIAH, AGED ABOUT 59 YEARS, R/O.D.NO.7-353, MANNAVAMVARI STREET, MANGALAGIRI, GUNTUR DISTRICT. 4. CHALAMALASETTY SIVARAMA PRASAD, S/O.VENKATESWARA RAO, AGED ABOUT 53 YEARS, R/O.TUMMALA VILLAGE, REPALLE MANDAL, GUNTUR DISTRICT. 5. KANDULA NAGESWARAMMA, W/O.PUNNA RAO, AGED ABOUT 67 YEARS, R/O.KANTERU VILLAGE, TADIKONDA MANDAL, GUNTUR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 3. THE REVENUE DIVISIONAL OFFICER, GUNTUR DIVISION, GUNTUR DISTRICT. 4. THE TAHSILDAR, PEDAKAKANI MANDAL, GUNTUR DISTRICT, A.P ...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, order or direction more particularly one in the nature of mandamus, declaring the inaction of 2 the 2nd respondent in causing deletion of the petitioners land, an extent of 1050 sq.yds (of the 1st Petitioner), an extent of 482 sq.yds (of the 2nd Petitioner), an extent of 1000 sq.yds (of the 3rd Petitioner), 774 sq.yds (of the 4th Petitioner), an extent of 1050 sq.yds (of the 5th Petitioner) in Sy.No.240-B2 of Nambur Village, Pedakakani Mandal, Guntur District, from the prohibitory list maintained under Section 22A(1) (a) of the Registration Act, 1908, as illegal, arbitrary, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2rd respondent to cause deletion of the petitioners land from the prohibitory list, by considering the recommendations of the respondents 3 and 4, dt.01.02.2025 and 04.08.2025 respectively and pass IA 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 2nd respondent to forthwith consider the Applications of the Petitioners for deletion of the petitioners land, an extent of 1050 sq.yds (of the Petitioner), an extent of 482 sq.yds (of the 2nd Petitioner), an extent of 1000 sq.yds (of the 3rd Petitioner), 774 sq.yds (of the 4th Petitioner), an extent of 1050 sq.yds (of the 5th Petitioner) in Sy.No.240-B2 of Nambur Village, Pedakakani Mandal, Guntur District, from the prohibitory list maintained under Section 22A(1) (a) of the Registration Act, 1908, duly considering the recommendations of the Respondents 3 and 4, pending disposal of writ petition and pass Counsel for the Petitioner(S): 1. V SURYA KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 24568 of 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of mandamus, declaring the inaction of the 2nd respondent in causing deletion of the petitioners’ land, an extent of 1050 sq.yds (of the 1st Petitioner), an extent of 482 sq.yds (of the 2nd Petitioner), an extent of 1000 sq.yds (of the 3rd Petitioner), 774 sq.yds (of the 4th Petitioner), an extent of 1050 sq.yds (of the 5th Petitioner) in Sy.No.240-B2 of Nambur Village, Pedakakani Mandal, Guntur District, from the prohibitory list maintained under Section 22A(1) (a) of the Registration Act, 1908, as illegal, arbitrary, without jurisdiction and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2rd respondent to cause deletion of the petitioners land from the prohibitory list, by considering the recommendations of the respondents 3 and 4, dt.01.02.2025 and 04.08.2025 respectively and pass such other order or orders as this Court may deem fit and proper in the circumstances of the case”. 2. The non-disposal of the applications led to the petitioners feeling resentment, prompted to them to file the present writ petition seeking a direction to address the applications submitted on, dated 07.09.2023 and 16.10.2023 to the 2nd respondent/District Collector for deletion of the lands to an extent of 1050 sq.yds of the 1st petitioner, an extent of 482 sq.yds of the 2nd petitioner, an extent of 1000 sq.yds of the 3rd petitioner, 774 sq.yds of the 4th petitioner and an extent of 1050 sq.yds of the 5th petitioner in Sy.No.240-B2 situated in Nambur Village, Pedakakani Mandal, Guntur District, from the prohibitory property list under Section 22A(1)(a) of the Registration Act 1908, with all relevant documents as contemplated under law and the 4 respondents 3 and 4 also submitted report to the 2nd respondent. Hence, the learned counsel for the petitioners would request this Court to direct the 2nd respondent/District Collector to probe into the applications made by the petitioners and pass appropriate orders in accordance with law. 3. Learned State Counsel would request this Court to grant two months time for disposal of the applications. 4. Considering the request made by the learned counsel, this Court is inclined to dispose of the writ petition at the admission stage, as the relief sought appears to be innocuous and does not warrant detailed adjudication. Since the matter primarily pertains to property rights, this Court accedes to the request made by the petitioners' counsel. Accordingly, this Court deems it appropriate to direct the 2nd respondent/District Collector to examine the issue and take appropriate action in accordance with law, based on the petitioners’ applications dated 07.09.2023 and 16.10.2023. While doing so, it is needless to state that the report submitted by respondents 3 and 4 shall also be duly considered. The entire exercise shall be completed as expeditiously as possible, and in any case, not later than two months from the date of receipt of a copy of this order. The decision so taken shall be duly communicated to the petitioners. 5 5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, if any pending in this petition shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 15.09.2025 SPP 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO W.P.No.24568 of 2025 Date: 15.09.2025 SPP