®**^PHC010532602023 IN THE HIGH COURT OF ANDHRA PRADESHT AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTf^ WRIT PETITION NO: 27519 OF 2023 ^ Between: Kandula Parameswara Reddy, S/o. Nagalinga Reddy, Aged about 45 years, R/o.Bodapadu Village, Markapuram Mandal, Prakasam District ...Petitioner^ AND 1. The State of Andhra Pradesh, Revenue Department (Stamps and Registration), Secretariat, Velagapudi, Amaravathi, Guntur District, Rep. by its Principal Secretary. 2. Commissioner and Inspector General Stamps and Registration Department,, Andhra Pradesh at Vijayawada. 3. The District Registrar, Prakasam District. 4. The Sub Registrar, Sub-Registrar Office, Cumbum, Prakasam District. 5. The Tahsildar, Cumbum Mandal, Prakasam District. 6. The South Central Railway, Rep. by its General Manager, Rail Nilayam, Sarojini Devi Road, Secunderabad, Telangana. 7. Sure Pullaiah, S/o. Venkata Narasaiah, Aged about 81 years, R/ o. D.No.9-103, Nehru Nagar, Cumbum Mandal, Prakasam District. 8. Goguladinne Jaya Simha Reddy, S/o. Nandireddy, Aged about 63 years, R/o. D.No.9-104, Nehru Nagar, Kandulapuram village, Cumbum Mandal, Prakasam 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 of mandamus or any other appropriate writ or direction ^ declaring action of the respondents in including the subject property cents of land situated in Sy.No.161-A5 of Kanduiapuram Village, Cumbum Mandal, Prakasam District in the Prohibitory property list and refusing to register the Development Agreement between the Petitioner and Respondent No.7 86 8 presented by the Petitioner as illegal, arbitrary, without application of mind. i.e., 20 one without jurisdiction, violation of ArticieJS14 and 300-A of Constitution of India and also against the provisions of The Registration Act, 1908 and consequently direct the respondents to register the development agreement between the petitioner and respondent sale deed presented by the Petitioner and Respondent No.7 86 8 with respect to 20 cents of land situated in Sy.No.161-A5 of Kanduiapuram Village, Cumbum Mandal District. , Prakasam lA NO: 1 OF 2n?3 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 respondents to register the development petitioner and respondent sale deed Respondent No.7 & 8 with respect to 20 cents of land agreement between the presented by the Petitioner and situated in Sy.No.161- A5 of Kanduiapuram Village, Cumbum Mandal, Prakasam District, during pendency of the Writ petition. ^ Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent Nos. 1 to 5: GP FOR REGISTRATION AND STAMPS (AP) Counsel for the Respondent No. 6; SRI PASALA PONNA RAO SOLICITOR GENERAL OF INDIA The Court made the following order: DEPUTY APHC010532602023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27519/2023 Between: 1.KANDULA PARAMESWARA REDDY, S/0. NAGALINGA REDDY, R/O.BODAPADU VILLAGE, AGED ABOUT 45 YEARS, MARKAPURAM MANDAL, PRAKASAM DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT (STAMPS AND REGISTRATION), SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2.COMMISSIONER AND INSPECTOR GENERAL STAMPS AND ANDHRA PRADESH AT REGISTRATION DEPARTMENT, VIJAYAWADA. 3.THE DISTRICT REGISTRAR, PRAKASAM DISTRICT. 4.THE SUB REGISTRAR, SUB-REGISTRAR OFFICE, CUMBUM, PRAKASAM DISTRICT. 5.THETAHSILDAR, CUMBUM MANDAL, PRAKASAM DISTRICT. 6. THE SOUTH CENTRAL RAILWAY, REP. BY ITS GENERAL MANAGER, RAIL NILAYAM, SAROJINI DEVI ROAD, SECUNDERABAD, TELANGANA. 7.SURE PULLAIAH, S/0. VENKATA NARASAIAH, AGED ABOUT 81 \ YEARS, R/ O. D.NO.9-103, NEHRU NAGAR, CUMBUM MANDAL, SRS.J W.P.No.27519of 2023 PRAKASAM DISTRICT. 8.GOGULADINNE JAVA SIMHA REDDY, S/0. NANDIREDDY, AGED R/0. D.NO.9-104, NEHRU NAGAR, PRAKASAM ABOUT 63 YEARS, KANDULAPURAM VILLAGE, CUMBUM MANUAL, DISTRICT ...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 of mandamus or any other appropriate writ or direction declaring action of the respondents in including the subject property i.e., 20 cents of land situated in Sy.No.161-A5 of Kandulapuram Village, Cumbum Mandal, Prakasam District in the Prohibitory property list and refusing to register the Development Agreement between the Petitioner and Respondent No.7 86 8 presented by the Petitioner as illegal, arbitrary, without application of mind, one without jurisdiction, violation of Article 14 and 300-A of Constitution of India and also against the provisions of The Registration Act, 1908 and consequently direct the respondents to register the development agreement between the petitioner and respondent sale deed presented by the Petitioner and Respondent No.7 86 8 with respect to 20 cents of land situated in Sy.No.161-A5 of Kandulapuram Village, Cumbum Mandal, Prakasam Districtand 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 to direct the respondents to register the development agreement between the petitioner and respondent sale deed presented by the Petitioner and Respondent No.7 & 8 with respect to 20 cents of land situated in Sy.No.161- A5 of Kandulapuram Village, Cumbum Mandal, Prakasam District, during pendency of the Writ petition and pass Counsel for the Petitioner: 1.CSUBODH Counsel for the Respondent(S): 1.PASALA PONNA RAO (SC FOR CENT GOVT.) SRS J W.P.No.27519of2023 2.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: :: ORDER :: Heard Sri C. Subodh, learned counsel for the petitioner and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for respondents 1 to 5, and Sri P. Ponna Rao, learned Deputy Solicitor General, appeared for respondent No.6. 2. The land of an extent of Ac.9.94 cents in Sy.No.161/A5 of Kandulapuram Village, Cumbum Mandal, Prakasam District, classified Government Poramboke (Railway B-Class) Land as per R.S.R. transferred from Poramboke to Ayan vide proceedings in Rc.No.1600/1940, dated 21.10.1940. Thereafter, the land was assigned on payment of market value to one Sri B. Satyanarayana, who belonged to Cumbum Village 11.03.1941. The same is evidenced from the letter addressed by the Revenue Divisional Officer, Markapur to The as was on Tahsildar, Cumbum vide D.Dis.G/1804/2010 NOC-8, dated 18.02.2011 (Ex.P4), in connection with NOC for an extent of 0.15 14 cents, out of Ac.9.94 cents in Sy.No.161/A5 of Cumbum Village. 3. The Cumbum Cooperative House Building Society Limited acquired Ac.9.94 cents in R.S.No.161/A5 in 1962 under the registered sale deed from its rightful owner and possessor i.e. Sangili Narsi Reddy. Thereafter, the Society obtained a layout plan and carved out the residential plots. The majority of the plots were already transferred. Respondents 7 & 8, purchasers of the plots, entered into a development agreement with the petitioner in respect of land of an extent of Ac.0.10 cents each in Sy.Nos.161/A5 & 161/A6 dated 20.08.2023. Page 4 of 8 SRS,J W.P.No.27519of2023 Learned counsel for the petitioner would submit that including the land of an extent of Ac.9.94 cents in Sy.No.161/A5 in the list of prohibited properties under Section 22-A of the Registration Act, 1908 (hereinafter referred to as ‘the Act’), despite the communication from the Revenue Divisional Officer, Markapur to the Tahsildar, Cumbum dated 18.02.2011 (Ex.P4) and order dated 30.07.2012 passed in W.P.No.22666 of 2012, is illegal and arbitrary and consequentially prayed this Court to direct the respondent No.4 to receive and process the agreement dated 20.08.2023 (EX.P5). 4. Learned Assistant Government Pleader would contend that as per RSR, the land to an extent of Ac.9.94 cents in Sy.No.161/A and Sy.No.161/A5 is classified as Railway B-Class and the ownership of land vests with Government of India, Railway Department and the same is included in the list of prohibited properties under Section 22-A of the Act. He also would submit that the petitioner and respondents 7 & 8 have to make an application before the committee constituted under G.O.I\/ls.No.300 Revenue (Assignment-1), dated 05.07.2016, seeking deletion of the property. Without making such an application, the petitioner approached this Court. He also would submit that as per Adangal, the property is shown as Poramboke (Railway). He also would submit that the petitioner did not present any document before the Sub- Registrar and filed the writ petition. 5. Consideration: As seen from Ex.P4 communication from the Revenue Divisional Officer, Markapur to Tahsildar, Cumbum, dated 18.02.2011 (Ex.P4) and the order dated 30.07.2012 passed in W.P.No.22666 of 2012, an extent of Ac.9.94 cents in Sy.No.161/A5 of Cumbum Village was assigned on payment of market value to one Sri B. Satyanarayana on 11.03.1941. 6. --n- Earlier, the Cumbum Cooperative House Building Society Limited, COrnbum, filed W.P.No.22666 of 2012, when the Sub-Registrar insisted on No 7. . SRS,J W.P.No.27519of2023 Objection Certificate. A Single Bench of the Composite High Court recorded a finding regarding the conversion of the land classification from Poramboke to Ayan and its assignment in favor of one Sri B. Satyanarayana upon payment of the market value. The order of the learned Single Judge seems, become final and, in fact, it was acted upon. 8. Once an assignment was made for consideration, after conversion of land from Poramboke to Ayan, keeping the land as Poramboke, without changing the entries in revenue records, is impermissible and also violative of Article 300A of the Constitution of India. The Revenue Authorities cannot take advantage of their wrong. That apart, the assignment was made for consideration before 1954. G.O.Ms.No.1142 dated 18.06.1954 introduced a clause in DKT pattas that the assignment lands are not alienable. No such clause exists before G.O.Ms.No.1142 dated 18.06.1954. At any rate from Ex.P4 - communication (the subject matter in W.P.No.22666 of 2012), the classification of land of an extent of Ac.9.94 cents in Sy.No.161/A5 of Cumbum Village was changed from Poramboke to Ayan. as seen However, as seen from the averments made in the writ affidavit and Ex.P1, the land to an extent of Ac.9.94 cents in Sy.No.161/A5 and 0.28 cents in Sy.No.161/A6 were included in the list of prohibited properties under Section 22-A of the Act. 9. This Court, in Y. Nagasubbamma W/o Late Palireddy v. State of Andhra Pradesh'’, concluded that the principles of res judicata will apply to the writ petitions. In the same judgment, this Court also considered the Full Bench Judgment of Vinjamuri Rajagopala Chary v. the Government of Andhra Pradesh and at para No. 16 held as follows: 10. 16. The Direction No. 12 of the Full Bench judgment would indicate that the directions issued by learned single Judges in six judgments referred in the judgment or any otherjudgments dealing with ^ 2024^ Supreme AP 1069 \ SRS.J W.P.No.27519 of 2023 the provisions of Section 22-A, if it is inconsistent with the observations made or directions issued, it is made clear that the observations made and directions issued the judgment (full bench) shall prevail and would be binding on the parties including the registering authorities under the Registration Act or Government officials or the officials under the Endowments Act, Wakf Act and Celling Acts.” Thus, given the order in W.P.No. 22666 of 2012, this Court is of the considered opinion that the property to an extent of Ac. 9-94 cents in S.N0.161/A5 could not have been kept under the list of prohibited properties. 11. Given the discussion made supra, this Court concludes that keeping the petitioner’s property in Sy.No.161/A5 in the prohibited list of properties under Section 22-A(1)(b) of the Act is illegal and arbitrary. 12. Whether the petitioner is entitled to the relief needs to be considered based on the document placed by the petitioner. 13. The respondents 7 & 8 did not file their respective sale deeds. Ex.P5, the development agreement executed by respondents 7 and 8, in favour of the petitioner, contains the land in Sy.No.161/A6, apart from the land in S.N0.161/A5. No material is placed before this Court regarding deleting the land in S.N0.I6I/A6 from the list of prohibited properties under Section 22-A of the Act. 14. A perusal of the documents annexed to the counter affidavit would disclose that Ac.0.28 cents in Sy.No.161/A6 is Government land, and it is classified as ‘Railway B-Class’. Neither the petitioner nor the respondents 7 & 8 produced any document before this Court about the change of classification of the land that was assigned. 15. The Government issued G.O.Ms.No.300 Revenue (Assignment-1), dated 05.07.2016, constituting a committee to address the grievances concerning the lands entered in prohibitory lists under Section 22-A of the Act. 16. F^age 7 of 8 SRS,J W.P.No.27519 of 2023 The petitioner can also make an application, as per the G.O., so that the Committee will examine the issue and pass appropriate orders. Given the facts and circumstances of the case, the Writ Petition is disposed of with the following directions; The petitioner and respondents 7 & 8 shall make an application before the Committee constituted under G.O.Ms.No.300, dated 05.07.2016, by annexing all the relevant documents, seeking deletion of the property, under Ex.P.5, under Section 22-A(1)(b) of the Act. Upon receipt of such an application, the Committee shall consider the deletion of property, sought by the petitioner as well as respondents 7 & 8 from the prohibited list, keeping in view the communication of the Revenue Divisional Officer Markapur vide D.Dis.G/1804/2010 NOC-B dated 18.02.2011, filed as Ex.P4 and the order dated 30.07.2012 passed in W.P.No.22666 of 2012 and pass appropriate orders, strictly as per law, if necessary by giving opportunity of hearing to the petitioner as well as respondents 7 & 8, as expeditiously as possible, preferably within six (06) weeks, from the date of receipt of a copy of the order. 17. (i) (ii) No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed * Sd/- M.RANIESH BABU deputy registrar //TRUE COPY// SECTION OFFICER To, Department (Stamps and Registration), State of Andhra Veiagapudi, Amaravathi, Guntur District, Rep. by 1. The Revenue Pradesh, Secretariat its Principal Secretary. 2. The Commissioner ; Department 3. The District Registrar, Prakasam District. and Inspector General Stamps and Registration Andhra Pradesh at Vijayawada j j 4. The Sub Registrar, Sub-Registrar Office, Cumbum, Prakasam District. 5. The Tahsildar, Cumbum Mandal, Prakasam District. 6. The General Manager, South Central Railway, Rail Nilayam, Sarojini Devi Road, Secunderabad, Telangana. 7. One CC to Sri. C Subodh Advocate [OPUC] 8. One CC to Sri. Pasala Ponna Rao Deputy Solicitor General of India [OPUC] 9. Two CCs to GP for Registration and Stamps, High Court of Andhra Pradesh [OUT] Two CD Copies 10. GSC HIGH COURT DATED:25/07/2025 ORDER WP NO. 27519 OF 2023 DISPOSING THE WP WITHOUT COSTS