APHC010296922023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 15327/2023 Between: 1. GANTHI DEVAMMA, , W/O LATE GANDHI PEDDA VENKATASWAMY,AGED-72 YEARS, R/O .D.NO.3-38, GARGEYAPURAM PUSL,PUDICHERLA VILLAGE, ORAVAKAL MANDAL, KURNOOL DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRI.SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE BUILDINGS, KURNOOL. KURNOOL DISTRICT, 3. THE JOINT COLLECTOR, COLLECTORATE BUILDINGS, KURNOOL. KURNOOL DISTRICT, 4. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT. 5. THE TAHSILDAR, MANDAL REVENUE OFFICE, ORAVAKAL MANDAL,ORVAKAL, KURNOOL DISTRICT. 6. THE A P I I C, REP.BY ITS ZONAL MANAGER, A.P.I.I.C. LTD.,KURNOOL, KURNOOL 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 tomay be pleased to issue Writ of order one particularly in the nature of Mandamus declaring the proceedings of the 3rd respondent in R.C.E2/659/2021 dt.05-12-2022 as illegal, arbitrary and in violation of Article 300-A of Constitution of India. (2) To declare the action of the respondents in including the land belongs to the petitioner in SY.No.446/1, 446/2, 446/3 of Pudicherla village of Orvakal Mandal, Kurnool district in the prohibitary list of Government Lands is illegal, arbitrary and in Violation of purport of Section 22- A of Registration Act and consequently direct the respondents 2 to 6 to delete the lands in Sy.No. 446/1, 446/2 and 446/3, Pudicharla Village, Orvakal Mandal, Kurnool District from prohibitor lists by setting aside the proceedings of the 3rd respondent in RC E2/659/2021 dt.05-12-2022 and pass such other order or orders as this Honourable Court may deem fir and proper in the circumstance of the case. and to pass such 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 may be pleased Honourable Court may be pleased to direct the respondents not to disposess the petitioners from the lands owned by her in Sy.No.446/1,446/2 ,446/3 of Pudicherla Village of Orvakal mandal, Kurnool district in notwithstanding the proceedings of the 3rd respondent in RC E2/659/2021 dt.05-12-2022, pending disposal of the above writ petition and pass such other order or orders to meet the ends of justice. pending disposal of the above writ petition and to pass such 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 receive the counter copies on record by allowing the leave petition in the above writ petition and pass IA NO: 2 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 may be pleased to receive additional documents being filed herewith in the interest of justice and/or pass Counsel for the Petitioner: 1. DEVI PRASAD MANGALAPURI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. SANTHI CHANDRA SC For APIIC The Court made the following: THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.15327 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue Writ of order one particularly in the nature of Mandamus declaring the proceedings of the 3rd respondent in R.C.E2/659/2021 dt.05-12-2022 as illegal, arbitrary and in violation of Article 300-A of Constitution of India. (2) To declare the action of the respondents in including the land belongs to the petitioner in SY.No.446/1, 446/2, 446/3 of Pudicherla village of Orvakal Mandal, Kurnool district in the prohibitary list of Government Lands is illegal, arbitrary and in Violation of purport of Section 22-A of Registration Act and consequently direct the respondents 2 to 6 to delete the lands in Sy.No. 446/1, 446/2 and 446/3, Pudicharla Village, Orvakal Mandal, Kurnool District from prohibitor lists by setting aside the proceedings of the 3rd respondent in RC E2/659/2021 dt.05-12-2022 and pass such other order or orders as this Honourable Court may deem fir and proper in the circumstance of the case. and to pass…” 2. Respondent No.2 issued the proceedings dated 05.12.2022, wherein it was mentioned that the land in Sy.No.446/1 of an extent of Ac.1.40 cents is noted as ‘Anadeenam’ (Assessed Waste) as per Register of Holdings, the land in Sy.No.446/1 cannot be de-notified and recommended to de-notify the land to an extent of Ac.0.12 cents in Sy.No.446/2 of Pudicherla Village of Orvakal Mandal from the list of prohibited properties under Section 22-A(1) (b) of the Registration Act, 1908 (hereinafter referred to as ‘the Act’). 3. The proceedings dated 05.12.2022 was challenged before this Court on the ground that once the land is Assessed Waste as per the Rights of Holdings Register, it means that it is a Private Patta land, but the respondent authorities interpreted as if it is a Government land; and the present impugned proceedings are run contrary to the earlier communication sent by the then Tahsildar dated 24.06.2019 and contrary to the proceedings of the Revenue Divisional Officer dated 13.01.2021. In the said proceedings, the Tahsildar, Orvakal has recommended to de-notify the land from the prohibited lands i.e. from 22a(1)(b), as the petitioner had purchased the land in the year 1979 and is enjoying the land since 40 years, as seen from Adangals, basing on the proceedings of the Tahsildar, dated 24.06.2019 to the Revenue Divisional Officer was recommended to de-notify the land from the prohibited list. 4. Learned counsel for the petitioner would submit that, despite specific recommendation made by the Tahsildar and the Revenue Divisional Officer, the Collector & District Magistrate, Kurnool, has not considered or address the recommendation made by the Tahsildar and the Revenue Divisional Officer for de-notifying the land in Sy.No.446/2 to an extent of Ac.0.12 cents from the prohibited list. 5. Learned Assistant Government Pleader would fairly admitted that the District Collector in the impugned proceedings failed to consider or address the recommendation made by the Tahsildar and the Revenue Divisional Officer, and therefore stated that the impugned order may be set aside and the matter may be remanded to the District Collector, for fresh consideration pursuant to the recommendation made by the Tahsildar and the Revenue Divisional Officer. 6. On perusal of the impugned proceedings, there is no reference of the recommendations made by the Tahsildar and the Revenue Divisional Officer in the impugned order. Hence, this Court is inclined to set aside the impugned proceedings and remit the matter back to the District Collector for fresh consideration. 7. In view of the above, the Writ Petition disposed of. The proceedings dated 05.12.2022 issued by respondent No.2 are set aside. The matter is remitted back to respondent No.2-Collector & District Magistrate, Kurnool, to reconsider the case of the petitioner, pursuant to the recommendations made by the Tahsildar to the Revenue Divisional Officer vide proceedings dated 24.06.2019 and the Revenue Divisional Officer to the District Collector vide proceedings dated 13.01.2021 and pass appropriate orders in accordance with law. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 03.11.2025 TVN 77 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.15327 OF 2023 Date: 03.11.2025 TVN