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2025 DAILYLAW 41646 (AP)

THE RAMCO CEMENTS LIMITED v. THE STATE OF AP

WP/20794/2025 · 2025-11-06

D Ramesh

body2025

Judgment text

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1 APHC010405442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 20794/2025 Between: 1. THE RAMCO CEMENTS LIMITED, (FORMERLY MADRAS CEMENTS LIMITED) KUMARASAMY RAJA NAGAR, JAGGAYYAPET MANDAL, NTR DISTRICT, 521457, REP. BY ITS SR. GENERAL MANAGER (ACCOUNTS AND ADMIN) SRI.FAROOQ MOHAMMAD ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY (STAMPS AND REGISTRATION), SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT REGISTRAR, SPSR NELLORE DISTRICT, NELLORE. 3. THE SUBREGISTRAR DIRECTOR LEDSS, MUTHUKU SUB-REGISTRATION OFFICE, SPSR NELLORE DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. VENKATRAM REDDY MANTUR Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.20794 of 2025 ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: “…..to issue appropriate writ order or direction more particularly a Writ of Mandamus declaring the action of the respondents in not deleting from the List of Prohibited Properties, the Lands of the Petitioner Company of an Extent of Ac.2.57 cents in Sy.Nos. 970, 971, 972/1 of Sarvepalli Bit IV Village, Nidiguntapalem Village, Venkatachalam Mandal, SPSR Nellore District, in spite of all the encumbrances over the said lands due to the civil cases pending have been removed by the Civil Court, as illegal, arbitrary and violative Art. 14, 16 and 300(A) of the Constitution of India and Principles of natural justice and consequently direct the respondents to forthwith remove the said lands from the Prohibited list and accept the documents for registration over the subject lands….” 2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents. 3. Learned counsel for the petitioner has submitted that the subject lands were purchased by the petitioner company in the year 2013 and 2014 by way of registered sale deeds vide 4 Document Nos.1243 of 2013, 1973 of 2013 and 18 of 2014 registered in the office of the 3rd respondent. Subsequent to the registration, the name of the petitioner company was also mutated in the revenue records. The said lands were purchased from one Battikala Venaiah, the landholder as on that day. It is further submitted that two civil suits i.e., O.S.Nos.488 and 489 of 2013 on the file of the I Additional Senior Civil Judge, Nellore, were filed for recovery of money against the vendor of the petitioner Sri Battikala Venaiah and the same were decreed in favour of the plaintif - Pydimukkala Sudhakar and the plaintiff in O.S.No.488 of 2013 has acquired the subject properties based on the orders passed by the I Additional Senior Civil Judge, Nellore in O.S.No.488 of 2013. The said properties were notified on 24.07.2013. The said suit was disposed of on 14.11.2017. Now, there is no attachment against the said properties. Consequently, the petitioner has made several representations for deletion of the said properties from the prohibitory list furnished under Section 22-A of the Registration Act, 1908. 4. Though the respondents have filed their counter denying the receipt of the orders passed by the I Additional Senior Civil 5 Judge, Nellore, the fact remains that the said orders were filed along with the writ petition. 5. In view of the said circumstances, the 2nd respondent is directed to consider the representation of the petitioner dated 27.06.2025 and pass appropriate orders by deleting the subject properties from the prohibitory list as per the orders dated 14.11.2017 passed by the I Additional Senior Civil Judge, Nellore in O.S.No.488 of 2013. Such exercise shall be completed within a period of two (2) months from the date of receipt of a copy of this order. 6. 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 D.RAMESH Date: 07.11.2025 Ivd 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.20794 of 2025 Dated: 07.11.2025 Ivd 7