APHC010606772024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 543/2025 Between: Boddu Venugopal Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. HARINATH REDDY SOMA Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:- “… may be pleased to issue Writ order or direction more particularly one in the nature of Writ Of Mandamus declare the action of Respondents No.2 and 3 in notifying the property of the petitioner to an extent of 10 Ankanas (Ac 0.0165 cents) in Sy.No.632 and Sy.No.633 Nellore Village, Nellore Rural Mandal Nellore District in prohibited properties list in G.O.ms no.216 Revenue Assignments3 Department dated 13.05.2016 and there by the Respondent no.5 rejected to receive and register the document for registration as illegal, arbitrary and violative of Article 300-A of Constitution of India and consequently direct the respondents to delete the property of the petitioner to an extent of 10 Ankanas (Ac 0.0165 cents) in Sy.No.632 and Sy.No.633 Nellore Village, Nellore Rural Mandal Nellore District from the prohibited properties list and to pass..” 2. The case of the petitioner in brief is that the petitioner purchased the vacant land to an extent of 10 ankanas (Ac.0.0165 cents) in Sy.No.632 and 633 in Plot No.39 of C-Block, Nellore Bit-I area of Nellore District in an approved layout vide Revised L.P.No.41/94 from baddevollu Sri Hari Reddy who is the General Power of Attorney of Shaik Gouse Basha on 30.04..2018. Since the date of purchase of the property, the petitioner is in peaceful possession without any interruption. Originally, the total extent Ac.2.32 cents in Sy.No.632 and Ac.7.42 cents in Sy.No.633 of Nellore Village, Nellore Rural Mandal, Nellore District has been notified in the prohibited properties list maintained under Section 22-A(1) (C) of Registration Act, 1908. Thereafter, on inquiry the petitioner came to know that the Government of Andhra Pradesh in pursuant to the Judgment, dated 23.12.2015 in WA.No.232 of 2012 and batch notified the lands and published in Official Gazette in each District of the State. G.O.Ms.No.216 Revenue(Assisgment-3) Department, dated 13.05.2016 was issued notifying the Government lands in Nellore District. While notifying the lands the concerned authorities did not verify the Revenue records, prepared the list. The petitioner approached Respondent No.3 and made a representation to conduct an enquiry for deleting the subject properties from the prohibited properties list. He has also made online application vide Application No.TATTA012400123033, dated 20.10.2024 to the respondent authorities. But, the respondents has not considered the same. Hence, the present Writ Petition is filed. 3. Heard Mr Harinath Reddy Soma, learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration appearing for the respondents. 4. On hearing, learned counsel for the petitioner submits that though the petitioner has submitted an application, dated 20.10.2024 to the 3rd respondent, requesting to delete the subject property from the prohibited property list, but the 3rd respondent has not considered the said application and delete the subject land from the prohibited properties list which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioner requests to pass appropriate orders. 5. Learned Government Pleader for Stamps and Registration appearing for the respondents has furnished a copy of the written instructions furnished by the 5th respondent to the learned Government Pleader, wherein it is stated that the 5th respondent is the authority to implement the orders issued by the competent authority under Section 22-A of the Registration Act,1908 and so long as the subject property is in prohibited properties list, the 5th respondent has no discretion in implementing the orders issued by the competent authority under 22-A of the Registration Act. Hence, learned Government Pleader opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 6. Considering the submissions of learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration, Respondent No.3 is directed to consider and dispose of the application, dated 20.10.2024 submitted by the petitioner within a period of two (02) months from the date of receipt of a copy of this order. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________ DR. K. MANMADHA RAO, J. Date : 20.01.2025 TM TM