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2025 DAILYLAW 36718 (AP)

G.Y.VenkataSubbamma, v. The State of Andhra Pradesh,

WP/7/2025 · 2025-01-22

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY /(o filT (B) TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7 OF 2025 -01 \\ V • ->3 !r"j >- Between: 1. G.Y.VenkataSubbamma, W/o. Naga Raju, R/o. D.No.6/53, BC-Colony, G.V. Puram, Gadela Village, ObulavariPalli Mandal, YSR District, Andhra Pradesh. 2. G.Y.VenkataLakshumma, W/o. G.Y.Subba Rayudu, R/o. D.No.6/53. BC-Colony, G.V. Puram, Gadela Village, ObulavariPalli Mandal, YSR District, Andhra Pradesh. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Stamps and Registration Secretariat Buildings, Velagapudi Village, Amaravathi. 2. The District Collector, YSR Kadapa District, Kadapa. 3. The Revenue Divisional Officer, Rajampeta Revenue Division Kadapa District. 4. The Tahsildar, ObulavariPalli Mandal, YSR District. 5. The Mandal Surveyor, ObulavariPalli Mandal, YSR District. YSR ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ more particularly in the form of Writ of Mandamus declaring the action of the respondents in not deleting petitioners land admeasuring Ac.5.00 cents situated in Sy.No. 112 of Gadella Village fields, Obulavaripallli Mandal, YSR Kadapa District from the list of prohibited properties under section 22(A)(1) of the Registration Act 1908 in spite of their applications submitted through AP Online - Meeseva vide Application No.TATTA012000062603 dated 15.12.2020 and Application No.TATTA012000062593 dated 15.12.2020 as illegal, irrational, unjust irresponsible, violative of the principles of natural justice apart from being violative of the Art 14, 21 and 300A of the Constitution of India and consequently direct the respondents to delete petitioner said land from the list of Prohibited Property for registration under Section 22(A)(1) Registration Act 1908. of lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 consider the application of the petitioner made through AP Online - Meeseva vide Application No.TATTA012000062603 dated NO.TATTA012000062593 dated 15.12.2020 petition. 15.12.2020 and Application pending disposal of the writ Counsel for the Petitioner; SRI VENKATESH REDDY REPRESENTING M/S. VMR LEGAL Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER [3328] APHC010603002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY .THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7/2025 Between: 1.G.Y.VENKATASUBBAMMA,, W/0. NAGA RAJU, R/0. D.NO.6/53, BC- COLONY, G.V. PURAM, GADELA VILLAGE, OBULAVARIPALLI MANDAL, YSR DISTRICT, ANDHRA PRADESH. 2.G.Y.VENKATALAKSHUMMA,, W/0. G.Y.SUBBA RAYUDU, R/0. D.NO.6/53, BC-COLONY, G.V. PURAM, GADELA VILLAGE, OBULAVARIPALLI MANDAL, YSR DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF REVENUE, STAMPS AND SECRETARIAT BUILDINGS, VELAGAPUDI SECRETARY, REGISTRATION VILLAGE, AMARAVATHI. 2.THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA. 3.THE REVENUE DIVISIONAL OFFICER, RAJAMPETA REVENUE DIVISION, YSR KADAPA DISTRICT. 4.THE TAHSILDAR, OBULAVARIPALLI MANDAL. YSR DISTRICT. 5.THE MANDAL SURVEYOR, OBULAVARIPALLI MANDAL, YSR DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner(S); 1.VMR LEGAL Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following ORAL ORDER: Heard Sri Venkatesh Reddy, learned Counsel representing M/s VMR Legal (for the Writ Petitioners) and Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration. 2. Sri K. Arjun Chowdary, learned Assistant Government Pleader for Revenue, Land Acquisition, Stamps & Registration has submitted the Written Instruction furnished by the District Collector, dated 21.01.2025. Copy of the Written Instruction is also supplied to the learned Counsel for the Writ Petitioners. The same is taken on record. 3. Relevant portion of the Written Instruction is usefully extracted hereunder: “10. The land was neither relinquished nor acquired by the Government and also not declared as surplus land under Land Ceiling Act and while submitting the list of prohibited lands to the Sub-Registrar. Pullampet the then Revenue authorities of Obulavaraipalli entered the land in Sy.No.112 extent Ac,20.07cents by over sight in the list of 22(A) (1) (a) & 22(A)(1) (e) as Government land. There are no recorded evidences that the land in Sy.No.112 is a Government/assigned land as reported by the Tahsildar. 11. Further, it is submitted that Smt Gabbi Venkata Subbamma W/o Nagaraju and G. Venkata Lakshumma W/o Subbarayudu have filed W.P. No. 14597/2020 with a pray that, "declaring the action of the 5 respondent in refusing to receive and process my document submitted for registration of Partition deed connected to our said land property admeasuring Ac. 5-00 cents of land in Sy. No. 112 in Gadela village fields Obulavaripalli Mandal, YSR Kadapa District on the ground of Prohibitory Land and recording the same in notification of properties prohibited for registration as was recorded in the office of the 5"’ respondent under Section 22A 1 of Registration Act 1908 as illegal irregular irrational and violative of provisions of the Registration Act 1908 and Rules framed there under and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents to delete our said Agricultural landed property from prohibitory list for registration and direct the 5'^ respondent to receive process and register Partition deed of being presented by us for the said property" and the case is still pending before/the Hon'ble Court. th 3 % 12. In this regard, a letter has been addressed to the Tahsildar, Obulavaripalle Mandal to resubmit the proposals after rectifying the following omissions a. Extent variations in the Web-land to RSR of Gadela Village for the land in Sy. No.112 extent of Ac. 20.07 Cents b. Scrutinized Sub-division records to that the possession and enjoyment of the applicants on ground as per the Documentary evidences for taking further necessary action in the matter. 13. In these circumstances explained above, as the report is awaited from the Tahsildar, Obulavaripalle Mandal, necessary action will be taken as per rules after the receipt of the report from the Tahsildar.” 4. The above extract would indicate that the subject land in Sy.No.112 f / extent of Ac.20.07 cents has been included in the Prohibited Properties List under Sections 22 (A) (1) (a) & 22 (A) (1) (e) as Government land and that there are no recorded evidences that the land in Sy.No.112 is a Government/assigned land as reported by the Tahsildar. It is stated that, by oversight only the subject land has been shown in the Prohibited Properties List. The above extract would indicate that the District Collector has addressed a letter to the Tahsildar to re-submit the proposal after rectifying omissions mentioned therein and the Report is awaited. of an 5. Having regard to the above extract, this Court deems it appropriate to dispose of this Writ Petition, at the admission stage, without going into merits, with the following directions: The Tahsildar, Obulavaripalli Mandal, Y.S.R District (Respondent No.4) is directed to rectify the omissions indicated in Para No. 12 (cited above) and submit the proposal to the District Collector within a period of three weeks. Upon receipt of such proposal from the Tahsildar within the stipulated time mentioned above, the District Collector, shall, thereafter, issue the Final Proceedings under Section 22(A) (1) of i) ii) 4 the Registration Act, 1908 within a period of 12 weeks by passing a Speaking Order in accordance with law and communicate a of such Order to the Writ Petitioners forthwith. Writ copy Petitioners are directed to submit a copy of this Order to the Respondent Nos.2, 3 & 4 within one week from today for effective compliance. e.With these observations and directions, this Writ Petition stands disposed of. No order as to costs. 7.Interlocutory Applications, if any, stand closed in terms of this order Sd/- B PRASADA RAO ASSISTANT! REGISTRAR //TRUE COPY// QftD^rdFFICER SE To, 1. The Principal Secretary, Department of Revenue, Stamps and Registration Secretariat Buildings, Velagapudi Village, Amaravathi, Guntur District. 2. The District Collector, YSR Kadapa District, Kadapa. 3. The Revenue Divisional Officer, Rajampeta Revenue Division, YSR Kadapa District. 4. The Tahsildar, ObulavariPalli Mandal, YSR District. 5. The Mandal Surveyor, ObulavariPalli Mandal, YSR District. 6. One CC to M/s.VMR Legal Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF HIGH COURT [yATED:22/01/2025 ORDER WP.No.7 of 2025 01 FEB 2025 Co *2:^ . Current Section ^ DISPOSING OF THE W.P., WITHOUT COSTS