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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) % -fl » , ,, f$’y.4 \ -0 TUESDAY ,THE TWENTY SECOND DAY OF APRIL (j;^ y( TWO THOUSAND AND TWENTY FIVE u O PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9956 OF 2025 Between: Smt. Datia Hyma, W/o.DatIa Jayasankara Prasad Aged about 60 years, R/o.D.No.50-25-6, Flat No.402, Tungabhadra Residency TPT Colony, Seethammadhara, Visakhapatnam, Visakhapatnam District, A.P. 530013. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District. 2. The District Collector, Visakhapatnam District, Andhra Pradesh. 3. The Revenue Divisional Officer, Visakhapatnam Division Visakhapatnam District, Andhra Pradesh. 4. The Tahasildar, Visakhapatnam Rural Mandal, Visakhapatnam District, Andhra Pradesh. ...Respondents 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 issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the inaction of the 2 nd Respondent m considering the Petitioners request for deletion of the land an extent of Ac.0.60 cts of land in Survey No. 1/1 of Rushikonda Village, Visakhapatnam Rural Mandal, Visakhapatnam District, from the prohibited list of properties maintained under Section 22A(1)(a) of the Registration Act, 1908, as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent consider the Representation of the Petitioner, dt.08.01.2025, in terms of the Proceedings, dt.18.09.1994 vide Ref.No.B1/3155/1993, issued by the Chief Commissioner of Land Revenue, Andhra Pradesh. to lA 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 to direct the 2"'^ Respondent to consider the Representation of the Petitioner, dt.08.01.2025 for deletion of the land, an extent of Ac.0.60 cts of land in Survey No. 1/1 of Rushi Konda Village, Visakhapatnam Mandal, Visakhapatnam District, from the prohibited list of properties maintained under Section 22A(1)(a) of the Registration Act, 1908, in terms of the Proceedings, dt. 18.09.1994 vide Ref.No.B1/3155/1993, issued by the Chief Commissioner of Land Revenue, Andhra Pradesh, disposal of writ petition.
Rural pending Counsel for the Petitioner; SRI V,SURYA KIRAN KUMAR Counsel for the Respondents: GP FOR REVENUE The Court made the following:
APHC010187152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9956/2025 Between: Smt. Datia Hyma, ...PETITIONER AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: ...RESPONDENT(S) 1.VSURYA KIRAN KUMAR Counsel for the Respondent{S):
1.GP FOR REVENUE The Court made the following:
2 NV,J W.P.No.9956of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9956/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 2'’°' Respondent in considering the Petitioner’s request for deletion of the land an extent of Ac.0-60 cts of land in Survey No. 1/1 of Rushikonda Village, Visakhapatnam Rural Mandal, Visakhapatnam District, from the prohibited list of properties maintained under Section 22A(1)(a) of the Registration Act, 1908, as illegal, arbitrary, and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the 2 respondent to consider the Representation of the Petitioner, dt 08.01.2025, in terms of the Proceedings, dt 18.09.1994 vide Ref No. BI/3155/1993, issued by the Chief Commissioner of Land Revenue Andhra Pradesh, and pass...” Heard the learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. nd
2. The claim of the petitioner is that he submitted an application seeking deletion of land to an extent of Ac.0-60 Cents in Sy.No.1/1 of Rushikonda Village, Visakhapatnam Rural Mandal, Visakhapatnam District, from the list of prohibited properties prepared under Section 22(1 )(a) of the Registration Act, 1908 (for short ‘the Act’). Even after receipt of the representation of the petitioner, the respondents neither considered the same nor issued any proceedings. Hence, the present Writ Petition. 3. 4. On the other hand, the learned Government Pleader for Revenue appearing for the respondents furnished written instructions issued by the 2 respondent, wherein it is stated that; nd )
“Therefore the subject land was resumed in the year 1987 itself and there is no appeal or petition questioning the above resumption and hence the assignee lost his claim/possession in the year 1987 itself and as such further
3 N\vi** W.P.No.9956of 2025 transfer of possession/titte over the subject property does not arise and the land is vested \A/ith the Government. ” Learned Government Pleader for Revenue further submits that the application said to have been submitted by the petitioner for denotification of the land from the prohibited properties under Section 22(1 )(a) of the Act is not sufficient and petitioner should file appropriate application through Mee-Seva and if she submits appropriate application through Mee-Seva, the 2 respondent will consider the same and pass appropriate orders in accordance with law. 5.
nd Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents and on perusal of the material on record and without going into the merits of the case that this Court is of the considered view that the present Writ Petition can be
disposed of directing the petitioner to submit an appropriate application through Mee-Seva for denotification of the subject land from the list of prohibited properties notified under Section 22(1 )(a) of the Act, within a period of three (03) weeks from the date of receipt of a copy of this Order and along with all other documents to substantiate her title as required and necessary as available with her. After such submission, the 2 respondent is hereby directed to consider the same and pass appropriate orders after providing an opportunity of hearing to the petitioner and other stake holders, if any, within a period of four (04) months thereafter.
6. nd Accordingly, the Writ Petition is disposed of. There shall be no order as
7. to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi Amaravati, Guntur District.
1^0
2. The District Collector,
3. The Visakhapatnam District, Andhra Pradesh. Officer, Revenue Visakhapatnam District, Andhra Pradesh.
4. The Tahasildar, Visakhapatnam Andhra Pradesh. Divisional Visakhapatnam Division, Rural Mandal, Visakhapatnam District,
5. One CC to Sri V Surya Kiran i
6. Two CCs to GP for Revenue ,
7. Three CD Copies Kumar, Advocate fOPUC] High Court Of Andhra Pradesh. [OUT] sree
HIGH COURT DATED:22/04/2025
ORDER WP.No.9956 of 2025 DISPOSING OF THE W.P.
WITHOUT COSTS