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2025 DAILYLAW 40850 (AP)

MANYALA SRINIVASA RAO v. THE STATE OF AP

WP/27003/2023 · 2025-11-19

D Ramesh

body2025

Judgment text

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APHC010514092023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 27003/2023 Between: 1. MANYALA SRINIVASA RAO, S/O MANYALA KRISHNA, HINDU, OCC. AGRICULTURE, AGE.42 YEARS, R/O GOLLA VEEDHI, GAJULAREGA VILLAGE, VIZIANAGARAM MANDAL AND DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT ANDHRA PRADESH - 522 508 2. THE INSPECTOR GENERAL, (REGISTRATION AND STAMPS), D.NO.5-59, R.K.SPRING VALLEY APARTMENTS, EDUPUGALLU, KANKIPADU, GOVERNMENT OF ANDHRA PRADESH. 521151. 3. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT AT VIZIANAGARAM. 4. THE JOINT COLLECTOR, VIZIANAGARAM DISTRICT AT VIZIANAGARAM. 5. THE DISTRICT REGISTRAR, REGISTRATION AND STAMPS DEPARTMENT, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 6. THE JOINT SUB REGISTRAR, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 7. THE TAHSILDAR, M.R.O.OFFICE, VIZIANAGARAM AT VIZIANAGARAM 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 to pass Orders particularly one in the nature of Writ of Mandamus declaring the proprietary of the order passed by the 7th respondent vide letter no.02/2023/A, dated 18.04.2023 and action of the respondents in continuing the petitioner's properties Ac.3.03 Cents in Sy nos. 198/20, 21, 22, Sy no.204/ 2 12, 14, 15, 16 and 18 situated in Kondakarakam village of Vizianagaram Mandal, Vizianagaram District in the prohibitory list under section 22 A of the Registration Act and also refusing to issue pattadar pass book and title deeds for the petitioner's properties is illegal, arbitrary and violation of Registration and Stamps Act 1908 and contrary to the provisions of AP Rights in Land and Pattadar Pass Book Act, 1971 and violation of Article 14, 19, 21 and 300-A of the Constitution of India consequently set aside the same and direct the respondents to delete the petitioner's property from the prohibitory list under section 22 A of the Registration Act and also issue pattadar pass book and title deed in favour of the petitioner and to pass IA 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 respondent no.2 to 7 to follow the Circular Memo no. REV08- 22057/24/2021-GENERAL-IGRS, dated 27.08.2021 of the Revenue (Registration and Stamps) Department issued by the 1st respondent for updating prohibitory list in the Kondakarakam village, Vizianagaram Mandal, Vizianagaram District the properties to an extent of Ac.3.03 Cents in Sy nos. 198/20, 21, 22, Sy no.204/12, 14, 15, 16 and 18 situated in Kondakarakam village of Vizianagaram Mandal, Vizianagaram District in the petitioner's name, pending disposal of the above writ petition and to pass 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 to grant leave to the Petitioner herein/ Respondent No.6 to file counter affidavit Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the proprietary of the order passed by the 7th respondent vide letter no.02/2023/A, dated 18.04.2023 and action of the respondents in continuing the petitioner's properties Ac.3.03 Cents in Sy nos. 198/20, 21, 22, Sy no.204/ 12, 14, 15, 16 and 18 situated in Kondakarakam village of Vizianagaram Mandal, Vizianagaram District in the prohibitory list under section 22 A of the Registration Act and also refusing to issue pattadar pass book and title deeds for the petitioner's properties is illegal, arbitrary and violation of Registration and Stamps Act 1908 and contrary to the provisions of AP Rights in Land and Pattadar Pass Book Act, 1971 and violation of Article 14, 19, 21 and 300-A of the Constitution of India consequently set aside the same and direct the respondents to delete the petitioner's property from the prohibitory list under section 22 A of the Registration Act and also issue pattadar pass book and title deed in favour of the petitioner and to pass...” 2. Heard M/s. Dasari SVVSV.Prasad, learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Learned counsel for the petitioner submits that the petitioner has made an application in Spandana programme in the month of April 2021 to the respondent authorities seeking for deletion of the subject property from the list of prohibited properties under Section 22-A of the Registration Act, 1908. After receipt of the petitioner’s application, the 4 respondents rejected the same without assigning any reasons. Hence the Writ Petition. 4. On the other hand, learned Assistant Government Pleader appearing for respondents submitted that the respondent authorities will consider the application/representation and pass appropriate orders within a reasonable time in accordance with law. 5. Having regard to the submissions made by both sides and on perusal of the material available on record, the respondent authorities are directed to consider the application/representation of the petitioner seeking for deletion of the subject property from the prohibited list notified under Section 22-A of the Registration Act, 1908 and pass appropriate orders in accordance with law, preferably within a period of three (03) months from the date of receipt of the order after providing an opportunity of hearing to all the parties concerned. 6. With the above observations, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH 20.11.2025 RD 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.27003 of 2023 20.11.2025 RD