\ IN THE HIGH COURT OF ANDHRA PRADESH;:AMARA>OT (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA^ WRIT PETITION NO: 9380 OF 2Q2fi : * #«■ ?''***^ $ go s N. •N ’.'V 'll. Between: |obby Nkm Apartment Owners Welfare Association, Rep. by its General ,/ j5°*®swara Rao, S/o. S. Ganpathi Rao, Aged 69 yearn old 16-52/3/10 Flat No 10 Bobby NKM Apartments, P.M Palem, 4th Bus Stop, Near SBI ATM, Visakhapatnam^^ ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Commissioner of . ^and Administration Mangalagiri, Guntur District. : 3. The District Collector, Visakhapatnam District at Visakhapatnam. i 4. The Joint-Collector, Visakhapatnam District. ^ Dislric^^'^^^'^^ Divisional Officer, Bheemunipatnam to APIIC Building Visakhapatnam 6. The Tahsildar, Visakhapatnam (Rural) Mandal Visakhapatnam District. 7. The Sub-Registrar, Madhurawada, Visakhapatnam District ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents in de-notifymg the land in a total extent of Ac. 0.74 Cents i.e. Ac.0.54 cents and Ac. 0.20 cents in Sy.No.56/2J and Sy.No.56/2K from the list of prohibited lands under Section 22A of the Registration Act, 1908 is illegal, irregular, irrational, arbitrary, amounts to non-discharge of legal obligation conferred on them under the provisions of Registration Act, 1908 and offends Articles 14 and 21 and 300-Aof Constitution of India and it is further consequentially prayed that'this Hon'ble Court may be pleased to direct the Respondents to forthwith de-notify the said land admeasuring Ac. 0.74 Cents i.e. Ac.0.54 cents and Ac. 0.20 cents in Sy.No.56/2J and Sy.No.56/2K from the list of prohibited lands under Section 22A of the Registration Act, 1908 in view of the order passed in W.P.No.21325 of 2007 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 Respondents to consider the Representation dated 05.11.2024 submitted by the Petitioner to de-notify the said land admeasuring Ac. 0.74 Cents i.e. Ac.0.54 cents and Ac. 0.74 Cents i.e. Ac.0.54 cents and Ac. 0.20 cents in Sy.No.56/2J and Sy.No.56/2K from the list of prohibited lands under \ Section 22A of the Registration Act, 1908 Counsel for the Petitioner: SRI PASALAPUDI SATYA HARITHA Counsel for the Respondents No t to 6: GP FOR REVENUE Counsel for the Respondent No.7: GP FOR STAMPS AND REGISTRATION The Court made the following: Order APHC010178422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9380/2025 Between; ...PETITIONER Bobby Nkm Apartment Owners Welfare Association AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PASALAPUDI SATYA HARITHA Counsel for the Respondent{S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India 1. seeking the following relief: “to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of the Respondents in de-notifying the land in a total extent of Ac.0.74 Cents i.e., Ac. 0.54 cents and Ac. 0.20 cents in Sy.No.56/2J and Sy.No.56/2K from the list of prohibited lands under Section 22A of the Registration Act, 1908 is illegal, Irregular, Irrational arbitrary amounts to non-discharge of legal obligation conferred on them under the provisions of Registration Act, 1908 and offends Articles 14 and 21 and 300-A of Constitution of India and it is further consequentially prayed that this Honble Court may be pleased to direct the Respondents to forthwith de-notify the said land admeasuring Ac.0.74 Cents i.e., Ac.0.54 cents and Ac.0.20 cents in Sy.No.56/2J and Sy.No.56/2K from the list of prohibited lands under Section 22A of the Registration Act, 1908 in view of the order passed in W P No 21325 of 2007 and pass such other order or orders... ” 2. Heard the learned counsel for the petitioner and the learned Assistnat Government Pleader appearing for the respondents. 3. The short grievance of the petitioner in the present Writ Petition the respondents authorities is that, not acting upon the petitioner’s are representation/application, dated 05.11.2024 for deletion of Bobby Apartment (90 flats) covered in an extent of Ac.0.54 cents and Ac.0.20 cents, total an extent of Ac.0.74 cents in NKM Sy.No.56/2J and Sy.No.56/2K respectively, from the prohibitory list under Section 22-A of the Registration Act. 4. The learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, originally the land to an extent of Ac.5.00 cents in Sy.No.56/2 and Sy.No.52/2 of Pothinamallayyapalem Visakhapatnam Rural Mandal village, was assigned to one Sri P.Appalaswamy, who is an ex-service men in the year 1965 and later his legal heirs of the original assignee sold away their respective shares of the lands to different individual through registered sale deed vide document Nos.2201/2004 and 2202/2004 dated 07.06.2004. The subject property has been notified in the prohibited list under Section 22A, as such, a detailed representation/applicatio n was made .1 by the petitioner requesting the respondents’ authorities to delete the subject property from the prohibited list. Even after receipt of the representation of the petitioner, the respondents’ authorities neither considered the representation nor issued other proceedings. Hence the writ petition. He further submitted that, it would suffice for the time being if a direction is given to the concerned authority to consider the petitioner’s application in 5. / I accordance with the law in a time bound manner. 6. The learned Assistant Government Pleader appearing for the respondents submits that the respondents’ authorities will consider the representation of the petitioner dated 05.11.2024 and pass appropriate orders within a reasonable time, in accordance with law. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents 7. and on perusal of the material available on record, this court is of the considered view that, the present writ petition is disposed of, by directing the 3'“'^ respondent to consider the representation of the petitioner dated 05.11.2024 and pass appropriate orders in accordance with law within a period of three (03) months from the date of receipt of copy of this order after providing an opportunity of hearing to the petitioner and other stake holders if any. 8. With the above said direction shall be no order as to costs. the Writ Petition is disposed of. There Consequently, Miscellaneous Petitions, petition shall stand closed. if any, pending in the writ Sd/- A. VIJAVA BABU ASSISTANT REGISTRAR //TRUE COPY// To. SECTION OFFICEF^ 1. The Principal Secretary, State of Andhra Pradesh, Department of Revenue, Secretariat, Velagapudi, Amaravati, Guntur District. Administration, APIIC Building 3. The District Collector, Visakhapatnam District at Visakhapatnam. 4. The Joint-Collector, Visakhapatnam District. ^ Divisional Officer, Bheemunipatnam 2. Chief Commissioner of Land Mangalagiri, Guntur District. Visakhapatnam 6. The Tahsildar, Visakhapatnam (Rural) Mandal Visakhapatnam District. 7. The Sub-Registrar, Madhurawada, Visakhapatnam District One CC to SRI PASALAPUDI SATYA HARITHA Advocate [OPUC] .9. Two CCs to GP FOR REVEMUE, High Court of Andhra Pradesh [OUT] rni.rt JfT 5?® D for STAMPS AND REGISTRATION, High Court of Andhra Pradesh [OUT] ^ Three CD Copies 10. 11. gsg • •• i HIGH COURT DATED: 10/04/2025 ORDER WP.No.9380 of 2025 DISPOSING THE WP WITHOUT COSTS