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2025 DAILYLAW 38457 (AP)

CEIBA ECC PRIVATE LIMITED v. THE STATE OF ANDHRA PRADESH

WP/42141/2022 · 2025-08-18

B Krishna Mohan

body2025

Judgment text

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APHC010715722022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 42141 OF 2022 Between: CEIBA ECC Private Limited, (formerly known as 'Aster Infratek Private Limited') a registered company having its registered office at Plot No. 54/S, Anupuram, ECIL Post, Hyderabad- 500062 Authorized Signatory Mr. G. Lakshmana Kumar Rep. by its Director and ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary Revenue (Registration and Stamps) Department Velagapudi Amaravathi, Andhra Pradesh. 2. The District Collector, Krishna District, Andhra Pradesh. 3. The Revenue Divisional Officer, Ghantasala Mandal, Krishna District 4. The Tahsildar, Ghantasala Mandal, Krishna District, Andhra Pradesh. 5. The Sub-Registrar, Ghantasala Krishna District, Andhra Pradesh Secretariat Buildings, ...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, one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order declaring the inaction of the Respondents in deleting the Petitioner owned land admeasuring Acres 12.71 Cents situated :v- Survey Nos.352-5 (Ac. 1.03),352-6 (Ac.1.12), 353-5 (Ac.0.74), 353 in 6(Ac.0.14), 352-1 (Ac.0.51),352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 352-1 (Ac.0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 353-2 (Ac.0.31), 353 3 (Ac.0.27), 353-4 (Ac. 1.00), 353-7 (Ac.0.50), 350-6 (Ac.0.70), 353-1 (Ac.0.92), 353 5 (Ac. 1.30), 353-6 (Ac.0.14), 353-4 (Ac.0.44), 353-7 lage, Ghantasala Mandal, Krishna District, Andhra Pradesh from the list of prohibited properties on the purported instructions of the 2nd respondent as illegal, arbitrary, ultra vires of his powers and violative of Article 14, 21 and 300-A of the Constitution of India apart from being violative of principles of natural justice and consequently direct the Respondents to delete the aforesaid land from the list of prohibited properties and interdict them from interfering with the peaceful possession and enjoyment of the Petitioner over the said land. (Ac.0.02) at Yandakuduru Vil lA 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 interdict the Respondents from interfering with the Petitioner's peaceful possession and enjoyment over its land admeasuring Acres12.71 Cents situated in Survey Nos. 352-5 (Ac.1..03),352-6 (Ac.1.12), 353-5 (Ac.0.74), 353-6(Ac.0.14), 352-1 (Ac.0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 352-1 (Ac.0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 353-2 (Ac.0.31), 353-3 (Ac.0.27), 353-4 (Ac. 1.00), 353-7 (Ac.0.50), 350-6 (Ac.0.70), 353-1 (Ac.0.92), 353-5 (Ac.1.30), 353-6 (Ac.0.14), 353-4 (Ac.0.44), 353-7 (Ac.0.02) at of Yandakuduru Village, Ghantasala Mandal, District, Andhra Pradesh. 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 5 Respondent to receive the Sale Deed executed by the Petitioner in favout of Smt. Uppala Rajani, w/o Sri Uppala Kantharao, aged about 55 to Krishna years, holding Aadhar No. 7345 4062 5099, resident of plot no.54/S, 2nd Avenue Anupuram, Kapra, Secunderabad, ECIL, Hyderabad, Telangana- 500062 in respect of agricultural land admeasuring in total Acres 12.71 Cents, situated in Survey Nos 352-5 (Ac.1.03), 352-6 (Ac.1.12), 353-5 (Ac.0.74), 353-6 (Ac.0.14), 352-1 (Ac0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 352-1 (Ac.0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 353-2 (Ac.0.31), 353-3 (Ac.0.27), 353-4 (Ac.1.00), 353-7 (Ac.0.50), 350-6 (Ac.0.70), 353-1 (Ac.0.92), 353-5 (Ac.1.30), 353-6 (Ac.0.14), 353-4 (Ac.0.44), 353-7 (Ac.0.02) at Yandakuduru village, Ghantasala Mandal, Krishna District, Andhra Pradesh and register the same. Counsel for the Petitioner: M/s. INDUS LAW FIRM Counsel for the Respondent Nos.1 & 5:GP FOR STAMPS AND REGISTRATION Counsel for the Respondent Nos.2 to 4: GP FOR REVENUE The Court made the following order: e APHC010715722022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE ) PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 42141/2022 Between: 1.CEIBA ECO PRIVATE LIMITED, (FORMERLY KNOWN AS 'ASTER INFRATEK PRIVATE LIMITED’) A REGISTERED COMPANY HAVING ITS REGISTERED OFFICE AT PLOT NO. 54/S, ANUPURAM, ECIL REP. BY ITS DIRECTOR AND POST, HYDERABAD- 500062 AUTHORIZED SIGNATORY MR. G. LAKSHMANA KUMAR ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL (REGISTRATION AND STAMPS) SECRETARIAT BUILDINGS, VELAGAPUDI SECRETARY REVENUE DEPARTMENT AMARAVATHI, ANDHRA PRADESH. 2.THE DISTRICT COLLECTOR, KRISHNA DISTRICT, ANDHRA PRADESH. 3.THE REVENUE DIVISIONAL OFFICER, GHANTASALA MANDAL, KRISHNA DISTRICT 4.THE TAHSILDAR, GHANTASALA MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 5.THE SUBREGISTRAR, GHANTASALA KRISHNA DISTRICT, ANDHRA PRADESH ...RESPONDENT(S); BK^ W.P.N0.42141 OF 2022 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 Writ, Direction or Order declaring the inaction of the Respondents in deleting the Petitioner owned land admeasuring Acres 12.71 Cents situated in Survey Nos.352-5 (Ac.1.03),352-6 (Ac. 1.12), 353-5 (Ac.0.74), 353- 6(Ac.0.14), 352-1 (Ac.0.51 ),352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 352 1 (Ac.0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 353-2 (Ac.0.31), 353 3 (Ac.0.27), 353-4 (Ac.1.00), 353-7 (Ac 0 50) 350-6 (Ac.0.70), 353-1 (Ac.0.92). 353 5 (Ac.1.30), 353-6 (Ac.0.14), 353-4 (Ac.0.44), 353-7 (Ac.0.02) at Yandakuduru Vil lage, Ghantasala Mandal, Krishna District, Andhra Pradesh from the list of prohibited properties on the purported instructions of the 2nd respondent as illegal, arbitrary, ultra vires of his powers and violative of Article 14, 21 and 300-A of the Constitution of India apart from being violative of principles of natural justice and consequently direct the Respondents to delete the aforesaid land from the list of prohibited properties and interdict them from interfering with the peaceful possession and enjoyment of the Pe titioner over the said land and to Petition under Article 226 of the Constitution of India pass lA 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 interdict the Respondents from interfering with the Petitioner's peaceful possession and enjoyment over its land admeasuring Acres12.71 Cents situated in Survey Nos. 352-5 (Ac.1 ..03),352-6 (Ac.1.12), 353-5 (Ac.0.74), 353-6(Ac.0.14), 352-1 (Ac.0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 352-1 (Ac.0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 353-2 (Ac.0.31), 353-3 (Ac.0.27), 353-4 (Ac.1.00), 353-7 (Ac 0 50) 350-6 (Ac.0.70), 353-1 (Ac.0.92), 353-5 (Ac.1.30), 353-6 (Ac.0.14), 353-4 (Ac.0.44), 353-7 (Ac.0.02) at of Yandakuduru Village, Ghantasala Krishna District, Andhra Pradesh and to 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 5th Respondent to receive the Sale Deed executed by the Petitioner in favout of Smt. Uppala Rajani, w/o Sri Uppala Kantharao, aged about 55 years, holding Aadhar No. 7345 4062 5099, resident of plot no.54/S, 2nd Avenue Anupuram, Kapra, Secunderabad, ECIL, Hyderabad, Telangana- 500062 in respect of agricultural land admeasuring in total Acres 12.71 Cents, Mandal, pass 3 BKM,J W.P.NO.42141OF2022 situated in Survey Nos 352-5 (Ac.1.03), 352-6 (Ac.1.12). 353-5 (Ac.0.74), 353- 6 (Ac.0.14), 352-1 (Ac0.51), 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 352-1 (Ac.0.51). 352-2 (Ac.0.51), 352-3 (Ac.0.51), 352-4 (Ac.0.51), 353-2 (Ac.0.31), 353-3 (Ac.0.27). 353-4 (Ac.1.00), 353-7 (Ac.0.50), 350-6 (Ac.0.70), 353-1 (Ac.0.92), 353-5 (Ac.1.30), 353-6 (Ac.0.14), 353-4 (Ac.0.44), 353-7 (Ac.0.02) at Yandakuduru village, Ghantasala Mandal, Krishna District, Andhra Pradesh and register the same and pass Counsel for the Petitioner; 1.M/S INDUS LAW FIRM Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: V 4 BKM,} W.P.N0.421410F2022 ORDER:- This writ petition was filed questioning the action of the respondents in not deleting the petitioner owned land in an extent of Ac. 12-17 cents in f: f Sy.Nos.353-5(Ac.1.03), 352-6(Ac.1.12), 353-5(Ac.0.74), 353-6(Ac.0.14), 352- 1(Ac.0.51), 353-2(Ac.0.51), 352-3(Ac.0.51), 352-4(0.51), 352-1 (Ac.0.51), 352- 2(Ac.0.51), 352-3(Ac.0.51), 352-4(Ac.0.51), 353-2(Ac.0.31), 353-3(Ac.0.27), 353-4(Ac.1.00), 353-7(Ac.0.50), 350-6(Ac.0.70), 353-1 (Ac.0.92), 353-5(Ac.1- 30), 353-6(Ac.0-14), 353-4(Ac.0.44), 353-7(Ac.0.02) at Yandakuduru Village, Ghantasala Mandal, Krishna District, Andhra Pradesh from the list of prohibited properties on the purported instructions of the 2^^ respondent. Heard the learned counsel for the petitioner and the learned Assistant 2. Government Pleader for the respondents. The learned counsel for the petitioner submits that the petitioner is a company established under the Companies Act, 1956. It was initially incorporated under the name of Aster Tele Services Private Limited. Pursuant to the approved Scheme of Arrangement for Demerger between Aster Tele Services Private Limited, Aster Rail Private Limited, Aster Infratek Private 3. Limited, Aster Electrosoft Private Limited, and their respective shareholders. the Aster Infratek Private Limited became the sole and absolute owner of the subject land. Subsequently, the Aster Infratek Private Limited was renamed as CEIBA ECC Private Limited under the relevant certificate of Incorporation dated 16.04.2015 issued by the Registrar of Companies.. The writ petitioner ■ J 5 BKM ^ W.P.NO.42141OF2022 is, therefore, the sole and absolute owner and possessor of the agricultural land to an extent of Ac.12-71 cents, situated in Sy.No.350, 352 and 353 of Yandakuduru Village, Ghantasala Mandal, Krishna District, Andhra Pradesh. Having purchased the same in the name of the petitioner’s predecessor namely Aster Tele Services Private Limited, the details of which mentioned as under- are Item No. Survey Number Extent of land in Acres- cents Sale Deed Document Registration Date of Sale Deed Name of the Vendor No. 1. 352-5 1.03 57/2005 22-01-2005 Papa Rao 352-6 1.12 S/o Raghavaiah 353-5 0.74 353-6 0.14 2. 352-1 0.51 58/2005 22-01-2005 Narasimha Rao, S/o. Raghavaiah 352-2 0.51 352-3 0.51 352-4 0.51 3. 352-1 0.51 59/2005 22-01-2005 Lakshmi Narsamma W/o. Papa Rao 352-2 0.51 352-3 0.51 352-4 0.51 4. 353-2 0.31 60/2005 22-01-2005 Sambasiva Rao S/o Parthasarthy 353-3 0.27 353-4 1.00 353-7 0.50 5. 350-6 0.70 61/2005 22-01-2005 Rama Rao S/o. Raghavaiah 353-1 .092 353-5 1.30 353-6 0.14 353-4 0.44 353-7 0.02 Total Extent of Land 12.71 6 BKM,J W.P.N0.42141 OF 2022 The 4*^ respondent issued a certificate dated 30.07.2011, certifying that the subject lands are in the possession of one Mr. Kosaraju Venkata Basaveswara Rao, S/o. Veera Raghavaiah, Former General Manager of Aster Teleservices Private Limited, Hyderabad, who is a resident of Hyderabad. The Pattadar Passbook and patta No.964 along with Form-IB Namuna, dated 23.12.2022, discloses the name of Mr. Kosaraju Venkata Basaveswara Rao, pattadar for the subject lands in the said survey numbers. It is the grievance of the petitioner that its representation dated 15.09.2022, received in the office of the 2"'* respondent on 23.09.2022, has not been considered so far for deletion of the subject lands from the prohibited list. 4. ¥ as On the other hand, the learned Assistant Government Pleader, relying the counter filed by the 5'^ respondent, submits that the subject land 5. upon belongs to the Government and has been notified as prohibited property under Section 22(1 )(a) of Registration Act, 1908. Hence, the registering authority has no option except to refuse to register the document. It is further submitted that if the petitioner is aggrieved of placing the subject land under the prohibited list, the petitioner shall approach the appropriate authority and the petitioner has not presented any document for the registration to the 5 respondent, and as such, the question of not receiving and non-registration of th the same will arise. In view of the above said facts and circumstances and upon relying the submissions made, it is the claim of the petitioner that the subject lands are owned and possessed by the petitioner and that it is a private land. The 6. 7 BKM W.P.NO.42141OF2022 > respondent authorities erroneously placed the same under the prohibited list - without conducting any proper enquiry and without giving any opportunity to the petitioner. That apart the representation of the petitioner as stated above is not considered so far. For the above said reasons, to resolve the issue, the 2"^^ respondent shall consider and dispose of the representation of the petitioner in accordance with law. Since, the above said representation is a old one. The petitioner is permitted to make a representation afresh enclosing all the necessary documents in support of his claim to the 2"'* respondent within a period of three (03) weeks from the date of the receipt of copy of this order. On receipt of the said representation, the 2"^ respondent shall consider and dispose of the same strictly in accordance with law, by hearing all the parties concerned including the petitioner giving due opportunity and upon the subject land, an appropriate decision shall be taken on its own merits as expeditiously as possible, within a period of three (03) months thereafter. 7. Accordingly, the writ petition is disposed of. Interim order, if deemed to have been vacated. There shall be no order as to costs. any. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- Wl. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// AT SECTION OFFICER To, 1. The Principal Secretary Revenue (Registration and Stamps) Secretariat Buildings, Department, State of Andhra Pradesh, Velagapudi Amaravathi, Andhra Pradesh. 2. The District Collector, Krishna District, Andhra Pradesh. 3. The Revenue Divisional Officer, Ghantasala Mandal, Krishna District 4. The Tahsildar, Ghantasala Mandal, Krishna District, Andhra Pradesh. 5. The Sub-Registrar, Ghantasala Krishna District, Andhra Pradesh 6. One CC to M/s. Indus Law Firm, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. / / ssb H high court PATED: 19/08/2025 ORDER WP No. 42141 OF 2022 % * 17 SEP 2025 ^ Current Section disposing of the w.p. WITHOUT COSTS