APHC010478452010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7602 OF 2010 Between: 1. Madugula Rama Rao, S/o. Late Veeranna, Occ: Cultivation R/o. Meliaputti (PO) Village and Mandal, Srikakulam District. 2. Madugula Simmappadu, S/o. Late Veeranna, (Died) Per L.R. 8 Aged about 72 Years, Occ: Cultivation R/o. Meliaputti (PO) Village and Mandal, Srikakulam District. 3. Madugula Dharma Rao, S/o. Late Veeranna, (Died) Per L.R. 9 Aged 69 Years, Occ; Cultivation R/o. Meliaputti (PO) Village and Mandal, Srikakulam District. 4. Brundavana Sahu, S/o. Late Arjuna Sahu Business R/o. Berahmpur City, Ganjam, District Orissa State./ 5. Premalatha Dasu, W/o. Lingaraju Dasu, (Died) Per L.R. 8, Aged about 70 Years, Household Duties R/o. Dalmra Street, Berahmpur, Ganjam, District Orissa State. 6. Madugula Ganapathi Rao, S/o. Venkatappadu, (Died) Per L.R. 11. Aged about 55 Years, Occ: Cultivation R/o. Meliaputti (PO) Village and Mandal, Srikakulam District. 7. Smt. Madugula Surya Kumari, W/o. Rama Rao, Household Duties R/o. Meliaputti (PO) Village and Mandal, Srikakulam District. 8. Madugula Syamasundara Rao, S/o Late Madugula Simmappadu, Aged about 68 years, Occ.Business, R/o Flat No. 2, 307, VSR Enclave, W ' (Village and Mandal) Srikakulam Srinivasanagar, Narasannapeta District Pin Code.532421 9. Madugula Ramesh, S/o Late Madugula Dharma Rao, Aged about 54 years, Occ.Cultivation, R/o Meliaputti (PO), Village and Mandal, Srikakulam District. lO.Manjusri Das, W/o Chandrasekhar Das, Aged about 54 years, Occ R/o Church Road Malimani Apartment Berahampur House wife, Ganjam District, Odisha. 11. Madugula Anil Kumar S/o Late Madugula Ganapathi Rao, Aged about 44 years, Occ.Government Employee, R/o 2 - 184, Bhagyanagar, Meliaputti (Village and Mandal) Srikakulam District - 532215. (Petitioners 8, 9, 10, 11 are brought on record as LRs of deceased 2nd, 3'^'', 5*^ and 6 dt.06.03.2020 in I.A. Nos. petitioners as per the Order of this Court, 1/2020, 1/2019, 3/2020, 2/2020 th respectively) ...Petitioners AND 1. The Government of A P, Rep. by its Commissioner, Endowments Department, Tilak Road, Hyderabad 2. The Assistant Commissioner, Endowments Department, Srikakulam, Srikakulam District. 3. The inspector. Endowments Department, Srikakulam, Srikakulam District. 4. The Chief Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, A.P. Hyderabad 5. The Sub Registrar, Pathapatnam Village and Mandal, Srikakulam 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 order or direction more particularly one in the nature <"•*7 0^- of writ of Mandamus or any other appropriate writ declaring the action of the 2'"'^ respondent in issuing the impugned proceedings in Rc No. A2/2755/2009- 2 dt. 14-12-2009 in requesting the Sub Registrar, Pathapatnam Srikakulam District to not to register the schedule lands in Sy.No. 342- Ac 4.14 cents out of Ac 6.04 cents , Sy.No. 333-Ac 19.20 cents out of Ac 20.20 cents situated at Meliakutti Village and Mandal, Srikakulam District belonging to the petitioners herein as illegal, arbitrary against all cannons of fair play and natural justice and offends Art. 300-A of Constitution of India and consequently set aside the same. lA NO: 1 OF 2010(WPMP 9766 OF 2010 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 suspend the impugned proceedings in Rc No. A2/2755/2009-2 dt 14-12-2009 issued by the 2'^'^ respondent pending disposal of the main writ petition. Counsel for the Petitioners : SRI S.V.S.S.SIVA RAM Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following order: 'r- APHC010478452010 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7602/2010 Between: 1. MADUGULA RAMA RAO, S/0. LATE VEERANNA CULTIVATION R/0. MELIAPUTTI (PO) VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 2. MADUGULA SIMMAPPADU, S/0. LATE VEERANNA CULTIVATION R/0. MELIAPUTTI (PO) VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 3. MADUGULA DHARMA RAO, S/O. LATE VEERANNA CULTIVATION R/0. MELIAPUTTI (PO) VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 4. BRUNDAVANA SAHU, S/O. LATE ARJUNA SAHU BUSINESS R/0. BERAHMPUR CITY, GANJAM, DISTRICT ORISSA STATE./ 5. PREMALATHA DASU, W/0. LINGARAJU DASU HOUSEHOLD DUTIES R/0. DALMRA STREET, BERAHMPUR, GANJAM, DISTRICT ORISSA STATE./ 6. MADUGULA GANAPATHI RAO, S/O. VENKATAPPADU CULTIVATION R/0. MELIAPUTTI (PO) VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 7. SMT. MADUGULA SURYA KUMARI, W/0. RAMA RAO HOUSEHOLD DUTIES R/O. MELIAPUTTI (PO) VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 8. MADUGULA SYAMASUNDARA RAO, S/O LATE MADUGULA SIMMAPPADU, AGED ABOUT 68 YEARS, OCC.BUSINESS, R/O 2 FLAT NO. 2, 307, NARASANNAPETA DISTRICT PIN CODE.532421 VSR ENCLAVE, SRINIVASANAGAR, (VILLAGE AND MANDAL) SRIKAKULAM 9. MADUGULA RAMESH, S/0 LATE MADUGULA DHARMA RAO, AGED ABOUT 54 YEARS, OCC.CULTIVATION, R/0 MELIAPUTTI (PO), VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 10.MANJUSRI DAS, W/0 CHANDRASEKHAR DAS, AGED ABOUT YEARS, OCC. HOUSE WIFE, f APARTMENT BERAHAMPUR, GANJAM DISTRICT ODISHA. 54 R/0 CHURCH ROAD MALIMANI 11.MADUGULA ANIL KUMAR S/0 LATE MADUGULA GANAPATHI RAO, AGED ABOU I 44 YEARS, OCC.GOVERNMENT EMPLOYEE, R/0 2 - 184, BHAGYANAGAR, MELIAPUTTI (VILLAGE AND MANDAL) SRIKAKULAM DISTRICT - 532215. PETITIONERS 8, 9, 10, 11 ARE BROUGHT ON RECORD AS LRS OF DECEASED 2ND 3RD, 5TH AND 6TH PETITIONERS AS PER THE ORDER OF THIS COURT, DT.06.03.2020 IN LA. NOS. 1/2020 1/2019 RESPECTIVELY. 3/2020, 2/2020 ...PETITIONER(S) AND 1.THE GOVERNMENT OF A P, REP. BY ITS COMMISSIONER ENDOWMENTS DEPARTMENT, TILAK ROAD, HYDERABAD 2.THE ASSISTANT COMMISSIONER, ENDOWMENTS DEPARTMENT SRIKAKULAM, SRIKAKULAM DISTRICT. 3.THE INSPECTOR, ENDOWMENTS DEPARTMENT, SRIKAKULAM SRIKAKULAM DISTRICT. 4.THE CHIEF COMMISSIONER OF APPEALS, OFFICE OF THE r COMMISSIONER OF LAND ADMINISTRATION, A.P. HYDERABAD 5.THE SUB REGISTRAR, PATHAPATNAM VILLAGE AND SRIKAKULAM DISTRICT. CHIEF MANDAL, ...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 toissue a writ or order or direction more partiuclarly one in the nature 3 of writ of Mandamus or any other appropriate writ declaring the action of the 2nd respondent A2/2755/2009-2 dt. 14-12-2009 in requesting the Sub Registrar, Pathapatnam Srikakulam District to not to register the schedule lands in Sy.No. 342- Ac 4.14 cents out of Ac 6.04 cents ,Sy.No. 333-Ac 19.20 cents out of Ac 20.20 cents situated at Meliakutti Village and Mandal, Srikakulam District belonging to the petitioners herein as illegal, arbitrary against all cannons of fair play and natural justice and offends Art. 300-A of Constitution of India and consequently set aside the same and pass lA NO: 1 OF 2010(WPMP 9766 OF 2010 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 suspend the impugned proceedings in Rc No. A2/2755/2009-2 dt 14-12-2009 issued by the 2nd respondent pending disposal of the main writ petition and pass in issuing the impugned proceedings in Rc No. lA NO: 1 OF 2019 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 bring us on record as petitioner No. 8 as Legal Representative of the deceased Madugula Dharma Rao (died) i.e; 3rd petiitoner in W.P No. 7602/2010 in this Hon'ble Court in the interest of justice and to pass lA NO: 1 OF 2020 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 bring us on record as a writ petitioner as Legal Representative of the deceased Madugula Simmappadu(died) i.e 2nd petitioner in W.P No. 7602/2010 in this Hon'ble court in the interest of justice and to pass lA NO: 2 OF 2020 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 bring us on record as petitioner No. 8 as Legal Representative of the deceased Madugula Ganapathi RAao (died) i.e; 6th petiitoner in W.P No. 7062/2010 in this Hon'ble court in the interest of justice and to pass lA NO: 3 OF 2020 4 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 bring me on record as writ Petitioner as Legal Representative of the deceased Premalatha Das(Died) i.e; 5th Petitioner in W.P No. 7602/2010 in this Hon'ble Court in the interest of justice and to pass lA NO: 1 OF 2023 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 pleased to grant leave to the petitioners herein to file reply affidavit to the counters filed by the Respondents herein and lA NO: 2 OF 2023 pass 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 pleased to grant leave to the petitioner herein/Respondent No.5 to file counter affidavit and pass lA NO: 1 OF 2024 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 pleased to implead the petitioner as respondent No.6 in WP.No.7602 of 2010 and pass lA NO: 2 OF 2024 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 pleased to implead the Proposed Respondents Nos. 1,2 and 3 in W.P. No. 7602/2010 as Proposed respondents 6,7 and 8 and in its I.A. or to pass Counsel for the Petitioner(S): 1. GANAN DA RAO 2. S ASHOK ANAND KUMAR 3.SITARAM CHAPARLA 4.S.V.S.S.SIVA RAM Counsel for the Respondent(S): 5 1.ADDL ADVOCATE GENERAL (AP) 2.GP FOR ENDOWMENTS The Court made the following: ORDER: Heard Sri S.V.S.S.Siva Ram, learned counsel for the petitioners and learned Government Pleader for Endowments. The writ petition is filed challenging the proceedings of the 2"^^ respondent, requesting the 5*'' respondent, not to register the subject lands, on the ground that the same would belong to the endowments, even though the issue was settled as long back as in 1975, as the suit filed by the petitioners herein against the Government was decreed, and the appeal filed against the same by the Government was dismissed. 2. It is contended that the petitioners have purchased the subject land from the late Sri Gopinadha Gajapathi, the erstwhile Maharaja of Parlakimidi. Out of the lands purchased, it is stated that the petitioner has donated an extent of Ac.1.00 cents to the Government for the establishment of 3. a hospital and an extent of Ac.0.10 cents for the establishment of a Veterinary hospital. When there was an interference by the villagers at the behest of the revenue authorities, who tried to interfere with the possession of the petitioners, the petitioner(s) filed a Civil Suit in O.S.No.73 of 1975 on the file of the District Munsif, Pathapatnam, Srikakulam District, against the revenue officials and the private individuals seeking an injunction against them. The 6 said suit was decreed, and the appeal(s) filed by the Government were dismissed. Subsequently, the District Collector filed an application under Section 18(6) of the Estates Abolition Act, 1948, before the Commissioner of Land Revenue requesting him to verify and pass appropriate orders, if the subject land falls under the provisions of Section 18(4) & (5) of the Estates Abolition Act, 1948. The Commissioner dismissed the application filed by the District Collector, observing that the same has been in the possession of the petitioners and the same would fall under the provisions of Section 18(4) of the Estate Abolition Act, 1948. However, the impugned proceedings have been passed. It is contended that the proceedings of the 2'^'^ respondent are without jurisdiction, having regard to the judgment of the Full Bench in the case of Vinjamuri Rajagopala Chari and Others Vs. Principal Secretary, Revenue Department, Hyderabad and Others\ wherein it is observed that: “101. In this connection, it is necessary to peruse the guidelines issued by the State Government, to which our attention was drawn during the course of hearing by learned counsel for the parties. The guidelines and directions are issued to all concerned to be followed while exercising powers under clauses (a) to (d) of sub-section (1) of Section 22 of the Registration Act, in particular (for short the guidelines). The guidelines read thus: Section 22-A Certain guidelines [Circular Memo No.G1/19131/05, dt. 14-09-2007] Sub: Registration and Stamps Department - Registration (A.P. Amendment) Act 2007 - Act No.19 of 2007 relating to Section 22-A Certain Guidelines issued Regarding. (2016) 2 ALD 236 (FB) 7 9^ The Government have notified through G.O.Ms.No.863 Revenue (Reg.l) Department, dt.20.06.2007 bringing the Registration (A.P. Amendment) Act 2007 into force from 20.06.2007. The amendment relates to Section 22-A which prohibits registration of certain documents. In pursuance of the Government notification of the Act No. 19 of 2007, the following guidelines and directions are issued to all concerned to implement the provisions of the Act: (3) S.22-A(1)(c): For the purposes of Section 22-A (1)(c) the lists of properties owned by religious and charitable endowments falling under the purview of the A. P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 or under the Wakf Act 1985 to the Registering Officers having jurisdiction over such property and also the District Registrar, Deputy Inspector General (R&S) concerned and Commissioner & Inspector General of Registration and Stamps in the proforma appended in Annexure-lll. The list must be signed by Commissioner, Endowments or Secretary, Wakf Board, as the case may be. All authorizations by the persons statutorily empowered to alienate these properties shall be accompanied by notification issued by the concerned Administrative Department in Government and the signature attested by the concerned Head of the Department. Any deletions or modifications to these lists should be sent to Commissioner and Inspector General of Registration and Stamps, who in turn will furnish the same to the concerned Registering Cfficers having jurisdiction over such property, for necessary action. 103. Insofar as lists of properties covered by clause (c) are concerned, it must be forwarded by Commissioner, Endowments insofar Charitable and Hindu Religious Institutions and Endowments are as 8 concerned end by Secretery of the Wakf Board in case of the properties owned by Wakf to the registering officers having jurisdiction over such property and also District Registrar, Deputy Inspector General (R&S) concerned and so also to the Commissioner and Inspector General of Registration and Stamps in the proforma appended in Annexure III to the guidelines. Unless the lists are forwarded in the manner stated above and/or as provided in paragraph 3 of the guidelines, it cannot be and should not be acted upon by the registering officers having jurisdiction over such property. 4. In the above judgment, it has been categorically observed that it is the Commissioner of Endowments who has to forward the list of the endowment properties that are prohibited from registration, and not the Assistant Commissioner of Endowments, as has been done in the present case. Having regard to the same, the order of the 2""^ respondent is not sustainable since he has no jurisdiction to issue the said proceedings. The order impugned in the writ petition is set aside. 5. 6. The writ petition is accordingly allowed. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. That Rule Nisi has been made absolute Dhiraj Singh Thakur, The Chief Justice _ August, Two Thousand and Twenty Five. as above witness the Hon’ble Sri on this Tuesday, The Fifth day of Sd/- B PRASADA RAO ASSISTANT .^GiST.RAR //TRUE COPY// SECTION OFFICER To, 1. The Commissioner, Endowments Department, Government Vijayawada. 2. The Assistant Commissioner, Endowments Srikakulam District. of A P, Department, Srikakulam, f The Inspector, Endowments Department, Srikakulam, Srikakulam District. The Chief Commissioner of Appeals, Office of the Chief Commissioner of Land Administration, A.P. Vijayawada. The Sub Registrar, Pathapatnam Village and Mandal, Srikakulam District. One CC to Sri G. Ananda Rao, Advocate [OPUC] One CC to Sri S. Ashok Anand Kumar, Advocate [OPUC] One CC to Sri Sita Ram Chaparla, Advocate [OPUC] One CC to M/s.Lotus Law Firm, Advocate [OPUC] 10. One CC to Sri S.V.S.S.Siva Ram, Advocate [OPUC 11. Two CCs to The Addl. Advocate General, High Court of A.P. [OUT] 12. Two CCs to GP for Endowments, High Court of Andhra Pradesh [OUT] 13. Two CD Copies Cnr 3. 4. 5. 6. 7. 8. 9. .'1 h HIGH COURT DATED:05/08/2025 TL ORDER WP NO. 7602 OF 2010 ov 5 U SEP 2025 rT!i ■S' Currer;! :>dcnori , 'V'A' V !•./ ^.rr* . ALLOWING THE W.P. WITHOUT COSTS '-PI ii\c4r\uiai 11 U./IOII lOl.