Extracted from the PDF above. The PDF is authoritative.
APHC010703422022
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 41522/2022 Between:
1. N A ANJINAPPA, S/O LATE G ANJINA BANDU, AGED 64 YEARS, OCC CULTIVATION,
R/O D.NO.5-304, HARIJANAVEEDHI, MADAKASIRA TOWN, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT
2. GANGAMMA, W/O LATE HANUMANTHARAYUDU, AGED 64 YEARS, OCC HOUSEWIFE, R/O 5-382, NEW SC COLONY, MADAKASIRA, SRI SATHYA SAI DISTRICT,
ERSTWHILE ANANTAPUR DISTRICT
3. N.A NAGARAJU, S/O LATE G ANJINA BANDU, AGED 63 YEARS, OCC CULTIVATION, R/O D.NO.5-302, NEW SC COLONY, MADAKASIRA TOWN, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY,
REVENUE (REGISTRATION ANDSTAMPS)DEPARTMENT, SECRETARIAT BUILDINGS, AT VELAGAPUDI, AMARAVATI, ANDHRA PRADESH
2. THE DISTRICT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT. PRESENTLY SRI SATYA SAI DISTRICT AT PUTTAPARTHI. 2
3. THE TAHSILDAR, MADAKASIRA MANDAL, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR DISTRICT
4. THE DISTRICT REGISTRAR, HINDUPUR, PRESENTLY AT PUTTAPATHY, SRI SATYA SAL DISTRICT
ERSTWHILE ANANTAPUR DISTRICT
5.
THE JOINT SUBREGISTRAR, OFFICE OF THE SUB-REGISTRAR, HINDUPUR, SRI SATYA SAI DISTRICT ERSTWHILE ANANTAPUR 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 topleased to issue a Writ, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondent No.4 and 5 keeping the petitioners properties an extent of Ac.1.70 cents (belongs to 1st petitioner), an extent of Ac.1.70 cents (belongs to 2nd petitioner) and an extent of Ac.1.69 cents (belongs to 3rd petitioner) in total Ac.5.09 cents in Survey No.55-1A/2 of Mallinayakanahalli Village, Madakasira Mandal, Sri Satya Sai District erstwhile Anantapur District under prohibited properties list under Section 22-A(2) of the Registration Act, 1908 without considering the said property was assigned under Ex-servicemen quota as illegal, arbitrary violative of article 14, 21, 300-A of Constitution of India and also violative of provisions of Registration Act, 1908 and violative of G.O.Ms.No.279 dated 04.07.2016 Revenue (Assn-1) Department consequently direct the respondents to delete the aforesaid land of the petitioners from the prohibited list with the further direction to the 4th and 5th respondents to receive, admit the sale deed sought to be presented by the petitioner in respect of above said land for registration and release the same and pass such IA NO: 1 OF 2022 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 direct the 4th and 5th respondents to receive, admit the sale deed document in respect of land an extent of Ac.1.70 cents (belongs to 1st petitioner), an extent of Ac.1.70 cents (belongs to 2nd petitioner ) and an extent of Ac.1.69 cents ( belongs to 3rd petitioner) in total Ac.5.09 cents in Survey No.55-1A/2 of Mallinayakanahalli Village, Madakasira Mandal, Sri 3 Satya Sal District erstwhile Anantapur District for registration and release the same without reference to the prohibited list and pass such IA 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 grant leave to the Petitioner herein/ Respondent No.3 in W.P.No. 41522 of 2022 to file counter affidavit in the above Writ
Petition Counsel for the Petitioner(S): 1. P NARAHARI BABU Counsel for the Respondent(S):
1. GP FOR REGISTRATION AND STAMPS (AP)
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The Court made the following Order:
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.4 & 5 in keeping the petitioners’ property to an extent of Ac.1.70 cents (belonging to the 1st petitioner), to an extent of Ac.1.70 cents (belonging to the 2nd petitioner) and to an extent of Ac.1.69 cents (belonging to the 3rd petitioner) in total Ac.5.09 cents in Sy.No.55-1A/2 of Mallinayakanahalli Village, Madakasira Mandal, Sri Satya Sai District under prohibited properties list under Section 22-A(2) of the Registration Act, 1908 without considering the said property as assigned under ex-servicemen quota. 3. On the other hand, the learned Assistant Government Pleader relying upon the counter of the 3rd respondent submits that, the subject land was originally assigned to Sri G.Anjina Bandhu S/o Gangappa an ex-Army personnel as per D.A.R. Dis. No.(B) 1009/79 dated 27.05.1970 under ex- servicemen quota. After the death of the assignee, the said land was devolved upon his sons namely 1) N.A.Anjinappa, 2) Hanumantharayudu and 3) N.A.Nagaraju S/o late G.Anjina Bandu. After the demise of the 2nd son Hanumantharayudu the said land was inherited by his wife Gangamma. Pattadar passbooks/ title deeds have been issued vide 1.B. Khatha No.244 for Ac.1.70 (1.B. notation Sy.No.55-1A2) (2) 1.B.Khataha No.245 for
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Sy.No.55-1A2 for Ac.1.70 cents and (3) 1.B. Khatha No.243 for Sy.No.55- 1A2 for Ac.1.69 cents respectively. 4. The extents held by the writ petitioners are sub-divided vide sub- division No.35/1432 dated 04.03.2023 as Sy.No.55-1A2A Ac.4.94 cents and the Urban Primary Health Centre as Sy.No.55-1A2B in an extent of Ac.0.15 with the consent of the petitioners. 5.
The 2nd respondent issued proceedings dated __.11.2023 and 28.10.2023 duly removing the subject lands from Section 22A(1) list vide serial No.309, 310, 311 respectively in Sy.No.55-1A2 to an extent of Ac.1.69 cents, Sy.No.55-1A2 to an extent of Ac.1.70 cents and Sy.No.55-1A2 to an extent of Ac.1.70 cents. The said proceedings of the District Collector dated __.11.2023 and 28.10.2023 is enclosed with the schedule showing the list of survey numbers confirmed to be assigned prior to 2003 and in possession of the original assignee/ legal heir and eligible for deletion which includes the details of the subject lands as stated above. 6. In view of the above said facts and circumstances, as the writ petitioners sought for the deletion of the subject lands from the prohibited list which was already happened vide above said proceedings of the 2nd respondent dated __.11.2023 and 28.10.2023, no further orders are necessary in this writ petition. Accordingly, the respondent Nos.4 & 5 shall act upon the same in accordance with law. 6
7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 21.08.2025 NNN