APHC010617122023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31754/2023 Between: 1. M/S HEALTHY AGRO ENTERPRISES PVT. LTD.,, REP. BY ITS MANAGING DIRECTOR, SMT. ANITA SAKURU, W/O. RAGHUVEER SAKURU, AGED 51 YEARS, OCC- MANAGING DIRECTOR, R/O. 78, SAI DURGA ENCLAVE, AGRAHARA VILLAGE, YELAHANKA, BANGALORE - 560064. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY - REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE JOINT COLLECTOR RBANDR, GUNTUR DISTRICT, A.P. 3. THE TAHSILDAR, BOLLAPALLI MANDAL, GUNTUR DISTRICT, A.P. 4. THE DISTRICT REGISTRAR, PALNADU DISTRICT, ANDHRA PRADESH. 5. THE COLLECTOR RBANDR, PALNADU DISTRICT, A.P. ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the respondent No.1 to the extent of including the petitioner's properties to the extent of Ac.94.45 cents in Sy.No.1/l, Ac.4.83 cents in Sy.No.13 and Ac.2.06 cents in Sy.No.227, totally an extent of Ac.103.21 cents of Perurupadu Village, Bollapalli Mandal, Palnadu District (erstwhile Guntur District) in G.O. Ms. No.73 Revenue (Lands V) Department dated 20-02-2023 as illegal, arbitrary and without jurisdiction and set aside G.O. Ms. No.73 Revenue (Lands V) Department dated 20-02-2023 to the said extent….” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioner submits that the action of respondent No.1, in including the petitioner’s properties admeasuring Ac.94.45 cents in Sy.No.1/L, Ac.4.83 cents in Sy.No.13, and Ac.2.06 cents in Sy.No.227, totaling Ac.103.21 cents, situated at Perurupadu Village, Bollapalli Mandal, Palnadu District (erstwhile Guntur District), in G.O.Ms.No.73, Revenue (Lands-V) Department, dated 20.02.2023, is illegal, arbitrary, and without jurisdiction. 4. The controversy involved in the writ petition is that, pursuant to the order passed by this Court in W.P.No.16458 of 2021, instead of considering the case of the petitioner by affording an opportunity of hearing and determining whether the properties are private or Government lands, the 5th respondent, without undertaking such exercise, furnished a list as requested by the 1st respondent. Based on the said list, the 1st respondent issued G.O.Ms.No.73 dated 20.02.2023, notifying the properties under Section 22-A(1)(e) of the Registration Act, 1908, wherein the petitioner’s properties were also included. 5. In fact, on an earlier occasion, this Court had adjudicated the matter on merits by examining the powers of the Joint Collector, including the initiation of proceedings and the exercise of revisional powers under Section 9, and ultimately allowed the writ petition by setting aside the proceedings of the Joint Collector, directing that an opportunity of hearing be afforded to the petitioner and that appropriate orders be passed. However, despite the said directions, no action has been initiated nor any orders passed. Without complying with the said directions, the respondents ought not to have included the petitioner’s subject properties in the list appended to G.O.Ms.No.73 dated 20.02.2023. 6. Considering the submissions made by the learned Senior Counsel for the petitioner, it is evident that the District Collector ought not to have forwarded a report including the petitioner’s properties without first determining the rights of the petitioner, as directed by this Court in W.P.No.16458 of 2021. However, the fact remains that the properties have now been included in the list under Section 22-A(1)(a), (b), (c), and (d) of the Registration Act, 1908. In view of the said circumstances, this Court is not inclined to go into the merits of the case, particularly as the issue already stands settled by this Court in the aforesaid order in favour of the petitioner. 7. Accordingly, the writ petition is disposed of, granting liberty to the petitioner to approach the 5th respondent by filing an appropriate online application for deletion of the subject properties, as observed by this Court in W.P.No.16458 of 2021, within a period of two (02) weeks from the date of receipt of a copy of this order. Upon filing such application, the 5th respondent shall consider the same after obtaining remarks from the concerned authorities and after affording an opportunity of hearing to the petitioner, and pass appropriate orders within a period of three (03) months thereafter. Till such time, the respondent authorities are directed to maintain status quo with regard to the revenue records. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 24.12.2025 klk 158 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.31754 of 2023 24.12.2025 kkllkk