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APHC010347092018
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.16974 OF 2018 Between: Madiga VenkatRamudu, S/o M.Ayyanna, Aged 58 years, Occ. Agriculturist, R/o Nandanapalli(v), Bhoopal Nagar, Rudravaram (Rev.v) Kurnool Mandal, Kurnool District, Andhra Pradesh-518452. ...Petitioner
AND
1. The Joint Collector, Kurnool District at Kurnool, and others. ...Respondents Counsel for the Petitioner : Mr.Voosa Raghu Counsel for the Respondents: G.P. for Registration & Stamps
The Court made the following ORDER:
The writ petition is filed seeking the following relief:
For the reasons stated in the accompanying affidavit, the petitioner herein prays that this Hon'ble Court may be pleased 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.4 in insisting the petitioner to produce the No Objection Certificate from the Revenue authorities for registration of the agriculture land to third parties in Sy.No.608-H to an extent of Ac.5.0000 cents and in Sy.No.119-A2 to an extent of Ac.0.2500 cents, total admeasuring Ac.5.2500 cents situated at Nandanapalli Village, Rudravaram Revenue Village, Kurnool Mandal, Kurnool District as arbitrary and illegal and also violation of
2 WP_16974_2018 Articles 14, 19 and 300-A of the Constitution of India, also Sec.22-A of the Registration Act 1908, consequently direct the Respondent No.4 to receive and register the document presented by the petitioner in favour of third parties without insisting on No Objection Certificate forthwith for the above said land and pass other order or orders as this Hon'ble Court may deem fit an proper in the circumstances of the case. 2. Though there is no representation on behalf of the petitioner, in the light of the averments made in the counter affidavit, the matter can be disposed of. 3. From a reading of the affidavit filed in support of the writ petition, the grievance of the petitioner is non-registration of the document in respect of the above referred extents of land and the respondent No.4 is insisting the petitioner to produce No Objection Certificate (NOC) from the Revenue authorities so that the registration of the said lands can be made. 4.
In the counter affidavit filed by respondent No.3 dated 27.8.2018 to which no reply affidavit is filed, it is inter alia stated as follows: …… It is submitted that, the lands in question viz., Sy.Nos.119/A2 and Sy.No.608H are included in ANNEXURE-II and V in the list of Properties prohibited for Registration prepared under Section 22A (1) of the Registration Act 1908, as the said Sy. Nos are Govt Tope Poramboke and Dot (Assessed Waste) land respectively. I further submit that the Govt. of Andhra Pradesh has enacted the AP dotted Lands (updation in Resettlement Register) Act 2017, so as to update the RSR by replacing dots in column No.16 with appropriate entry. Subsequently the Govt has issued G.o.Ms.No.298 Revenue (Assign.I) department dated: 17.07.2017 wherein rules were formulated for updation of the names of eligible farmers in the place of dots at column No.16 of RSR. Hence it is submitted that, as the said Sy. No. 608H is dot land as per RSR the petitioner can apply for updation of his name in RSR and other Revenue Records as per Section 4(3) of AP Dotted lands (updation in RSR) Act
3 WP_16974_2018 2017, based on which further necessary action in accordance to the rules, framed vide G.o.Ms No.298 Revenue (Assign.I) department dated: 17.07.2017, will be taken pertaining to deletion of petitioner's property from the list of Properties prohibited for Registration prepared under Section 22A (1) of the Registration Act 1908. 5. In the light of the above stated position, the writ petition is disposed of, leaving it open to the petitioner to make appropriate application, as per the procedure in vogue for updation of his name in the relevant records as provided under the A.P. Dotted Lands (Updation in RSR) Act, 2017. If the petitioner adopts such course of action, the concerned authorities shall take appropriate action in accordance with law as expeditiously as possible, after giving opportunity of hearing to the petitioner. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed.
____________________ NINALA JAYASURYA,J
November 18, 2025. vasu