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2025 DAILYLAW 42159 (AP)

D SUMATHI v. THE STATE OF AP

WP/28326/2025 · 2025-12-03

D Ramesh

body2025

Judgment text

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APHC010548682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28326/2025 Between: 1. D SUMATHI, D/O. LATE SUBBARAYUDU, AGED ABOUT 35 YEARS, R/O. D.NO.9/422-2, NEAR KC CANAL, NANDYAL ROAD, MYDUKUR, KADAPA DISTRICT, ANDHRA PRADESH-516172. ...PETITIONER AND 1. THE STATE OF AP, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. 2. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH. 3 3. SUPERINTENDENT OF POLICE, YSR KADAPA DISTRICT, ANDHRA PRADESH. 4 4. THE REVENUE DIVISIONAL OFFICER, BADVEL, YSR KADAPA DISTRICT. 5. 5. THE MANDAL REVENUE OFFICER/TAHSILDAR, MYDUKUR, YSR KADAPA DISTRICT. 6. 6. THE DEPUTY INSPECTOR, BADVEL RDO OFFICE, YSR KADAPA DISTRICT. 7. 7. THE MANDAL SURVEYOR, MYDUKUR, YSR KADAPA DISTRICT. ...RESPONDENT(S): -2- W.P. No.28326 OF 2025 Date of order:04.12.2025 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 order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the respondents in interfering with the possession of my land and keeping the subject land in 22 (A) (1) (e ) Prohibited list, for an extent of Ac.2.25 cents in Sy.No.1105/BI, Mydukur Village and Mandal, YSR Kadapa District, despite the 5TH respondent report dated 20.02.2025 for being illegal, arbitrary, against the provisions of the Andhra Pradesh Dotted Lands (Updation in Re settlement Register) Act, 2017, unconstitutional and consequently direct the respondehts to delete the subject land ie., Ac.2.25 cents in Sy.No.1105/BI, Mydukur Village and Mandal, YSR Kadapa District from 22 (A) (1) ( e ) Prohibited list and issue Pattadar Pass Book as per the 5TH respondents report dated 20.02.2025 and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. SRINIVASA RAO BODDULURI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: -3- W.P. No.28326 OF 2025 Date of order:04.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 28326 OF 2025 ORDER: 1. The present writ petition is filed challenging the action of the respondents in interfering with the possession of the petitioner over the land an extent of Ac.2.25 cents in Sy.No.1105/B1, Mydukur Village and Mandal, YSR Kadapa District, and keeping the subject land in the prohibited list under Section 22‑A(1)(e) of the Registration Act, 1908. 2. The grievance of the petitioner is that, based on his application, the Tahsildar, Mydukur, has conducted an inquiry and submitted a report dated 20.02.2025 recommending the removal of the subject land from the prohibited list under Section 22‑A of the Registration Act. However, the respondent authorities have not considered the said report or passed any orders till date. 3. The learned Assistant Government Pleader for Revenue, appearing for the respondents, on the written instructions, dt.01.11.2025, received from the District Revenue Officer, YSR Kadapa District, has submitted that the Tahsildar, Mydukur, submitted a report on 20.02.2025 recommending the removal of the subject land from the prohibited list under Section 22‑A of the Registration Act, and that the matter is pending before the District Collector requiring certain supporting documents. After receipt of the required documents, the case will be -4- W.P. No.28326 OF 2025 Date of order:04.12.2025 processed in accordance with the provisions of the A.P. Dotted Lands (Updation in RSR) Act, 2017. 4. Considering the submissions and on a perusal of the instructions furnished by the District Revenue Officer, this Court, without going into the merits of the case, deems it appropriate to direct the 2nd respondent to consider the request of the petitioner in the light of the report of the Tahsildar dt.20.02.2025. If any further supporting documents are required, a notice shall be issued to the petitioner fixing certain date to produce the same, and thereafter competent authority shall pass appropriate orders in accordance with law. The entire exercise shall be completed within a period of two months from the date of receipt of a copy of this order. 5. Accordingly, the writ petition stands disposed of. No costs. 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV