IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA1V;^|J> MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE * nu- ’\oV it/ PRESENT THE HONOURABLE SRI JUSTICE R.RAGHUNANDAN RAO^ AND THE HONOURABLE DR JUSTICE K.MANMADHA RAa WRITAPPEALNos: 334 & 335 of 2023 WRIT APPEAL NO: 334 OF 2023 Writ Appeal under Clause I's'of the Letters Patent preferred against the order dated 25.07.2022 in W.P.No.45865 of 2018 on the file of the High Court. ^ Between: The State of Andhra Pradesh, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Velagapudi, Guntur District. The District Collector, Eluru, West Godavari District. The District Registrar, Eluru, West Godavari District. The Sub-Registrar, Jangareddygudem, West Godavari District. The Thasildar, Jangareddygudem, West Godavari District. 1. 2. 3. 4. 5. ...Petitioners/Appellants ^ AND Vemavarapu Mohana Krishna, S/o Veera Swamy, Hindu, Male, Aged 70 years. Ex-service man and cultivation, R/o D 785, Post Office, Indira Paalem, Kakinada Rural, East Godavari District. 1. ...Respondent/Respondent _ Vemavarapu Sakkubai, W/o.Vemavarapu Mohana Krishna, Aged 73 years, H.No.7-85, Near Post Office, Indrapalem, Kakinada Rural, Kakinada District. Vemavarapu Prabhat Kumar, S/o.Vemavarapu Mohana Krishna, Aged 49 years, H.No.7-85, Near Post Office, Indrapalem, Kakinada Rural Kakinada District. 2. 3. 4. Smt.Silantharajula Kiran Kumari, D/o.Vemavarapu Mohana Krishna Aged 47 years, H.No.7-85, Near Post Office, Indrapalem, Kakinada Rural, Kakinada District. (Respondent No.2 to 4 are brought on record as LRS of Respondent N0.1 as per c.o.dt.21.10.2024 vide I.A.No.1 of 2024 in W.A.No.334 of 2023.^ ...Respondents lA NO: 2 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 suspend the operation of the order dated; 25-07-2022 in W.P.No.4865/2018, pending disposal of the writ appeal.^ Counsel for the Appellants: GP FOR REVENUE ^ Counsel for the Respondents: SRI NARASIMHA RAO DAVULURI ^ WRIT APPEAL NO: 335 OF 2023 ^ Writ Appeal under clause 15 of the Letters Patent preferred against the order dated 25.07.2022 in W.P.No.7527 of 2022 on the file of the High Court. ^ Between: 1. ^e State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Registration) Department, Secretariat, Velagapudi, Guntur District. 2. The Commissioner and Inspector General, Registration and Stamps Dept., Andhra Pradesh, R K Spring Valley Apartments Edupugallu Kankipadu Mandal, Vijayawada. 3. The District Collector, Eluru, West Godavari District. 4. The Thahasildar, Jangareddygudem, West Godavari District. ...Petitioners/Appellants- AND 1. Ayenala Venkata Ramana Murthy, S/o Sri Thamma Rao Hindu Age 49 Years Occ Cultivation, R/o Door No 92172/3, Jangareddi Gudem, West Godavari District. 2. Donthu Madhava Raju, S/o Sri Ganga Raju Hindu Age 45 Years Occ Cultivation R/o Door No 282/3, Jangareddi Gudem,West Godavari District. 3. Ayenala Srinivasa Rao, S/o Sri Bhaskara Rao Hindu Age 50 Years Occ Cultivation, R/o Door No 12113, Jangareddi Gudem,West Godavari District. 4. Jagata Babji, S/o Sri Venkata Rao Hindu Age 48 Years Occ Cultivation Rio Door No 21313C, Nidadavole, West Godavari District. 5. Jampana Dhana Babu, S/o Sri Bapi Raju Hindu Age 31 Years Occ Cultivation R/o Door No 415 Satyavada, Undrajavaram Mandal ,West Godavari District. 6. Chalamcherla Papa Rao, S/o Sri Ramam ,Hindu ,Age 59 Years, Occ Cultivation 6 R/o Flat No 502, Bina Arcade, Nagaram Dattatreya Colony, Hyderabad ...Respondents lA NO: 2 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 suspend the operation of the order dated. 25-07-2022 in W.P.No.7527/2022, pending disposal of the writ appeal. -- Counsel for the Appellants: GP FOR REVENUE & GP FOR STAMPS & REGISTRATION^ Counsel for the Respondents: SRI N SIVA REDDY ^ The Court made the following common judgment: APHC010017992023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3525] MONDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE DR JUSTICE K MANMADHA RAO W.A.Nos.334 & 335 of 2023 WRIT APPEAL NO: 334/2023 Between: ...APPELLANT(S) The State Of Andhra Pradesh, and Others AND Vemavarapu Mohana Krishna and Others Counsel for the Appellant(S): 1.GP FOR REVENUE Counsel for the Respondent(S): 1.NARASIMHA RAO DAVULURI WRIT APPEAL NO: 335/2023 ...RESPONDENT(S) Between: The State Of Ap and Others ...APPELLANT(S) AND Ayenala Venkata Ramana Murthy and Others Counsel for the Appellant(S): ...RESPONDENT(S) 1.... 2.GPFOR REVENUE Counsel for the Respondent(S): 1.N SIVA REDDY 2 The Court made the following Common Judgment: (per Hon'ble Sri Justice R Raghunandan Rao) As these Writ Appeals are arise out of common issue and they are being disposed of by way of this Common Order. Heard Learned Assistant Government Pleader appearing for the learned Government Pleader for appellants and Sri N. Siva Reddy, learned counsel appearing for the respondents. 2. The 1"' respondent, in W.A.No.334 of 2023 had approached this Court by way of W.P.No.45865 of 2018 contending that the deed of alienation presented by him, in relation to certain extents of land, in Sy.Nos.72/2, 65 & 125/6 aggregating to Ac.4.90 cents of Jangareddygudem Village, West Godavari District were being rejected on the ground that these lands are in the prohibitory list under Section 22-A of the Registration Act, 1908. This Writ Petition was disposed of by a Learned Single Judge of this Court by Judgment, dated 25.07.2022, holding that the said documents should be received and registered. 3. The purchasers, under these documents, had approached this Court by way of W.P.No.7527 of 2022 contending that inclusion of these lands in the prohibitory list is invalid and should be set aside. A Learned Single of this Court by Judgment, dated 25.07.2022, had directed that the guidelines under G.O.Ms.No.279, dated 04.07.2016 required to be followed and consequently, directed the respondents 3 & 4 to take appropriate action, on 4. 3 the basis of the aforesaid G.O. as well as the memo, dated 04.05.2022, to delete the land from the prohibitory list. Aggrieved by these two Judgments dated 25.07.2022, the State has filed these two Writ Appeals. 5. The contention of the State is twofold. Firstly, the patta assigning the land to the respondent, in W.A.No.334 of 2023 was never issued and it is a fabrication. Secondly, the lands in question are lands which cannot be alienated in as much as they are falling in the road already formed in the area 6. and in a water body. This Court declines to go into the question of the genuineness of the patta that has been placed before the Learned Single Judge in as much as nothing has been placed before this Court to demonstrate as to how the patta is a fabrication. 7. On the question of alienation of the land, which is the subject matter of deeds of alienation, it is contended that Sy.Nos.65 & 72 are classified as road poramboke and Sy.No. 125/6 is classified as water body. In support of this contention, the village map of Jangareddygudem has produced before this Court. A perusal of the village map shows that Sy.Nos.72/2 & 65 marked as cart track. The State has also filed photographs showing that a blacktop road is in existence in these survey numbers. In such circumstances, the deeds of alienation, to that extent would not be permissible. 8. are s 4 concerned, the village map shows to whether other part of the Sy.No.126/6 is water body. However, it is not clear as As far as that Sy.No. 125 contains a this water body Sy.No.125. 9. would fall in any would fall under Sy.No.125/6 or disposed of by of the In the circumstances , these Writ Appeals are 10. Sy.No. 125/6, in the presence notice being given to appellant to demarcate their representatives directing the 4 private respondents In the event of the survey after due or Sy.No. 125/6 is covered by that land would stand water body, in of the said land revealing that the of alienation relating to reveals that there is no registered after the deletion them a water rejected. However, if the survey .126/6, the same can be body, the documents Sy.No from the prohibitory list. submitted that the documerrts have already been registered, Learned Single Judge, in such a situation, the 11. It is pursuant to the directions of the aforesaid directions costs. order as to would apply retrospectively. There shall be no miscellaneous petitions, if any , shall stand As a sequel, pending closed. jrrRUE COPY// (2/ • SECTION OFFiCc:rx , State of Registration Department Guntur Distr\ct. To, 1. The principal ®®°g®*®rg(aS"velagapudi Andhra Pradesh, Secrete 2. The District Collector, ^ Godavari District. Otstrict west Godavari District. West Godavari District. 3. The 4 The Sub-Registrar 5, The Thasildar, Jangareddygudem 6. One CC to Sri N Siva Reddy, Advocate [OPUC] 7. One CC to Sri Narasimha Rao Davuluri, Advocate [OPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Stamps & Registration, High Court of Andhra Pradesh. [OUT] Two CD Copies 10. RAM / HIGH COURT DATED: 10/03/2025 ANOS^ I 2 7 MAH 2025 ^ . Current Section COMMON JUDGMENT 1 O' WA.Nos.334 & 335 of 2023 DISPOSING BOTH THE WRIT APPEALS WITHOUT COSTS