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2025 DAILYLAW 40387 (AP)

KILARI NARAYANAMMA v. The State of Andhra Pradesh

WP/31963/2025 · 2025-11-17

D Ramesh

body2025

Judgment text

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APHC010614832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAV ATI (Special Original Jurisdiction) TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31963 OF 2025 Between: 1. KILARI NARAYANAMMA, W/o. K. Musallappa, Aged about 76 Years, Occ. Agriculturalist, R/o. Peddamogalaipalli, C.K. Palli Mandal, Ananthapur District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, At Puttaparty, Sri Satya Sai District. 3. The Revenue Divisional Officer, Dharmavaram, Sri Satya Sai District. 4. The Tahsildar, C.K.palli Mandal, Sri Satya Sai District. 5. The Sub Registrar, C.K.Palli Mandal, Sri Satya Sai District. ...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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in not deleting the petitioners lands an extent of Ac. 5.05 cents in Sy.No. 341-2 at Medapuram village, C.K. Palli Mandal, Ananthapur District from the Prohibitory list under Section-22A of the Registration Act and not disposing the MEE-Seva Application No. TTA012100067577 dated 30-03- 2021 submitted by the Petitioners as illegal, r arbitrary, violation of principles of Natural Justice and violation of Article 14, 21 and 300-A of the Constitution of India and contrary to the law laid down by this Hon'ble Court in Sub- Registrar, Srikalahasti Vs K . Guruvayya reported in 2008 see online AP 734 and consequently direct the Respondents to delete the lands of the Petitioners Land from the Prohibited List in an extent of Ac. 5.05 cents in Sy.No. 341-2 at Medapuram village, C.K. Palli Mandal, Ananthapur District and pass IA NO: 1 OF 2025 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 Respondent No.2 to dispose of the MEE-Seva Application No. TTA012100067577 dated 30-03-2021 submitted by the Petitioners pending disposal of the above Writ Petition and pass Counsel for the Petitioner: BANDI SRIHARI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31963 OF 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India seeking to declare the action of the respondents in non-consideration of the petitioner’s Mee-seva application No.TTA012100067577 dated 30.03.2021 for deletion of her subject land to an extent of Ac.5.05 cents in Sy.No.341-2 at Medapuram village, C.K.Palli Mandal, A nanthapur District from the Prohibited Properties List under Section 22A(1)(a) of the Registration Act, 1908. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. As per the averments made in the affidavit, the petitioner is the absolute owner and possessor of land admeasuring to an extent of Ac.5.05 cents in Sy.No.341-2 of Medapuram Village, C.K. Palli Mandal, Ananthapur District. The subject property was purchased by the petitioner's husband in a public auction conducted by the Co-operative Central Bank, Ananthapuramu in E.P. No. 938/1978-79 dated 18.01.1985. After his demise, the petitioner succeeded the property and she has been in continuous possession without any interference. 4. The learned counsel for the petitioner further submitted that though the land was originally classified as dotted land and later assigned, the assignment lost its character once the land was mortgaged to the Primary Agricultural Credit Society (PACS) and subsequently sold in public auction by the bank due to default. Hence, the petitioner acquired title under a lawful auction sale, and the land cannot be treated as assigned land. Despite this, the petitioner’s made a Mee-Seva application dated 30.03.2021 seeking deletion of the subject property from the prohibitory list under Section 22- A(1)(a) of the Registration Act, 1908, the authorities have not acted, as such the present writ petition is filed. It would suffice for the time being, if a direction is given to the respondent authorities to consider and dispose of the petitioner’s Mee-seva application in accordance with law and prayed to pass appropriate orders in that regard. 5. Learned Assistant Government Pleader appearing for the respondents categorically stated that the District Collector i.e. 2nd respondent herein, is the competent authority to consider the case of the petitioner, either for deletion or for inclusion of the property in the list published under section 22-A of the Registration Act, 1908 and readily agreed to consider the application, if submitted afresh, by the petitioner and dispose of the same, within a reasonable time as per the rules. 6. Considering the above submissions, this Writ Petition is disposed of, at the stage of admission, with the consent of both the counsel, directing the petitioner to make a fresh application/ representation before the District Collector/2nd respondent herein, bringing all the facts with relevant records, within one (01) month from the date of receipt of a copy of this order, on such application/representation, the 2nd respondent shall consider the same, taking all relevant record into consideration, and pass appropriate orders as per Rules within three (03) months from the date of receipt of application/representation from the petitioner. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________ JUSTICE D. RAMESH Date: 18.11.2025 KKV 185 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO:31963 OF 2025 Date: 18.11.2025 KKV