[3329 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL I TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10271 OF 2025 Between: 1. Perikala Sanjay Chakravarthy, S/o. Venkat Rao Perikala, Aged about 56 years, Occ: Business, R/o. H. Gopalapatnam, Visakhapatridm - 530 027. No.3-92, Baaji Junction, 2. Velagaleti Sunita Devi, W/o.'V. Brahma Naidu, Aged about 59 years, R/o. Guravaigudem Village, Jangareddigudem Occ: Household, Mandal, Eluru District 534 455 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Registration and Stamps Department Vijayawada, Andhra Pradesh. 2. The District Registrar, Registration and Stamps Department, Government of Andhra Pradesh Eluru District, Eluru, Andhra Pradesh. 3. Sub -Registrar, Registration and Stamps Department Government of Andhra Pradesh Jangareddigudem, Eluru District, Andhra Pradesh. 4. The District Collector, Eluru District, Office At Ameenapet, Eluru, Andhra Pradesh 534006 - ...RESPONDENTS Petition under Article 226 prthe Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction especially one in the Nature of Writ of Mandamus declafing the action of the respondents herein in including the petitioners' properties admeasuring about 1538 yards in R.S. No. 113, Guravaigudem Village, Jangareddigudem Mandal, Eluru District from the Prohibitory List under Sec.22(a) of Registration Act, 1908, inspite of the fact that the said properties are private properties and there is continuous flow of title and ownership, is as illegal, arbitrary, contrary to law and violation of Articles 14, 15, 21 and 300-A of Constitution of India and consequently direct the respondents herein to remove the petitioners properties i.e., properties admeasuring about 1538 square yards in R.S. No. 113, Guravaigudeiti yillage, Jangareddigudem Mandal, Eluru District from the Prohibitory List under Sec.22(a) of Registration Act, 1908, in the interest of justice. P square lA NO: 1 OF 2025 Petition under Section 1^1 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to remove the petitioners properties i.e., properties admeasuring about 1538 square yards in R.S. No. 113, Guravaigudem Village, Jangareddigudem Mandal, Eluru District from the Prohibitory List un^er Sec.22(a) of Registration Act, 1908 in the interest of justice. Counsel for the Petitioner(s):SRI. Counsel for the Petitioner(s):SRI. M A MUJEEB Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following: rAPHC010202562025 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: 10271/2025 Between: Perikala Sanjay Chakravarthy and others AND Of Andhra Pradesh and Others ...PETITIONER(S) ...RESPONDENT(S) The State counsel for the Petitioner(S): TMAMUJEEB Counsel for the Respondent(S): QP for registration and stamps Court made the folipwing: 1. The 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10271/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “pleased to issue Writ, Order or Direction especially in the Nature of Writ of Mandamus declaring the action of the respondents herein in including the petitioners’ properties admeasuring about 1538 square yards in R.S. No. 113, Guravaigudem Village, Jangareddigudem Mandal, Eluru District from the Prohibitory List under Sec 22(a) of Registration Act, 1908, in spite of the fact that the said properties are private properties and there is continuous flow of title and ownership, is as illegal, arbitrary, contrary to law and violation of Articles 14, 15, 21 and 300-A of Constitution of India and consequently direct the respondents herein to remove the petitioners properties i.e., properties admeasuring about 1538 square yards in R.S. No. 113, Guravaigudem Village, Jangareddigudem Mandal, Eluru District from the Prohibitory List under Sec 22(a) of Registration Act, 1908, in the interest ofjustice. ” Heard learned counsel for the petitioners and learned Assistant Government Pleader for the respondents. one 2. 3. Learned counsel for the petitioners submits that initially Ms. Chintapalli Jamayamma has purchased the land to an extent of 1538 Sq. yards in the year 1985 from its original owner i.e., registered sale deed bearing document No. 1596 of 1985, dated Later, a part of the property has been given to the 2 petitioner herein under a registered document bearing document No.606 Dalli Parvati vide 12.08.1985. nd 3 of 1988, dated 04.05.1988. It is further submitted that in respect of the remaining extent of land, the said Chintapalli Jamayamma has executed a registered will deed bearing document No.26 of 1996, dated 13.05.1996 in favour of the petitioners father i.e., Sri Perikala Venkata Rao, who is the only legal heir of Ms. Chintapalli Jamayamma. 4. He further submits that the father of the petitioners has passed away and their mother is alive. After the demise of the petitioners father, the petitioners have partitioned the estate of their father along with their mother under a registered partition deed dated 10.10.2014. In respect of the said partition deed, the petitioners mother has been given Rs.50,000/- towards her share and the 1®^ petitioner was allotted the land to an extent of 714 Sq. yards out of 1038 Sq. yards in R.S.No.113 of Guravaigudem Village, Jangareddigudem Mandal, Eluru District along with a constructed house with tin sheds and. open place with separate house numbers with the electricity and water connection etc., and it is further submitted that the brother of the petitioner No.1 was allotted the land to an extent of 324 Sq. yards out of 1038 Sq. yards in R.S.No.113 of Guravaigudem Village, Jangareddigudem Mandal, Eluru District 5. It is further submitted that later, the brother of the petitioner No.1 has gifted his share of the property in favour of the petitioners sister i.e., petitioner No.2 herein. Accordingly, the petitioners have been in peaceful 4 possession of their respective properties to an extent of 1538 Sq. yards of land in R.S. No. 113, Guravaigudem Village, Jangareddigudem Mandal, Eluru District. He further submits that even thoguh the subject properties are private properties, they are included in the prohibitory list of properties by Registration Department under Section 22(1 )(A) of Registration Act, 1908. While things stood thus, when the respondent authorities tried to dispossess the petitioners from their respective properties, the petitioners have filed W.P. No. 19227 of 2019, the same is pending before this Court. Pursuant to which, the respondents are trying to interfere with the peaceful possession of the petitioners in respect of the respective properties. Hence, the Writ Petition. 6. Learned Assistant Government Pleader for the respondents submits that if the petitioner submits appropriate application through online by paying the requisite fee, the respondents will consider the same and will pass appropriate orders within a reasonable time. 7. 8. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the petitioner to submit concerned application through % 5 online, within a period of two (02) weeks from the date of receipt of copy of this Order. After receipt of the such application, the respondents directed to consider and dispose of the same after providing opportunity of hearing to all the parties concerned, within a period of four (03) months thereafter,in accordancewith law. are 9. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. 10. As a sequel miscellaneous application, pending, if any, shall also stand closed. Sd/- P. VINOD KUMAR assistant registrar SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary, Registration and Stamps Department, State of Andhra Pradesh, Vijayawada, Andhra Pradesh.[By Special Messenger] 2. The District Registrar, Registration and Stamps Department, Government of Andhra Pradesh Eluru District, Eluru, Andhra Pradesh. 3. Sub -Registrar, Registration and Stamps Department Government of Andhra Pradesh Jangareddigudem, Eluru District, Andhra Pradesh. 4. The District Collector, Eluru District, Office At Ameenapet, Eluru, Andhra Pradesh 534006. [2 TO 4 by RPAD] 5. One CC to SRI. M A MUJEEB Advocate [OPUC] 6. Two CCs to GP FOR REGISTRATION AND STAMPS ,High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies - ^ HIGH COURT DATED:22/04/2025 ORDER WP.No.10271 of 2025 % O o g 16 SEP 2025 m, coh Current iaeciion . THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS