Extracted from the PDF above. The PDF is authoritative.
[ 3505 ] IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHART WRIT PETITION NO: 27491 OF 2022 Between:
1. M. Bhaskar Reddy, S/o M. Hanumantha Reddy, R/ o. Krishnagiri Village, Kodumuru Mandal, Kurnool District, Andhra Pradesh
2. P. Anil Kumar Reddy, S/o. P. Nageshwara Reddy, R/o.
H.No. 4/22, Krishnapuram Village, Kodumuru Mandal, Kurnool District ...PETITIONERS-^ AND
1. State of Andhra Pradesh, Represented by its Principal Secretary, Department of Stamps and Registration, Secretariat Building, Velagapudi, Andhra Pradesh
2. State of Andhra Pradesh, Represented by its Principal Secretary, Department of Home, Secretariat Building, Velagapudi, Andhra Pradesh
3. State of Andhra Pradesh, Represented by its Principal Secretary, Department of Revenue, Secretariat Building, Velagapudi, Andhra Pradesh
4. District Registrar, Stamps and Registration Kurnool District. 5. Joint Sub-Registrar, Kodumuru, Kurnool District
6. The Tahsildhar. Krishnagiri Mandal, Kurnool District. 7. The Inspector of Police, CID, RO, Kurnool ...RESPONDENTS^ ^ Petition under Article 226 of the Constitution of India is filed 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 in the nature of Writ of Mandamus declaring the action of the Respondents, particularly 5*'^ Respondent in not entertaining transactions in relation to the agricultural lands owned by the Petitioners herein, having a total extent of Ac. 7.48 Cts. i.e. Ac. 2.49 Cts of the Petitioner and Ac. 4.99 Cts. of the 2nd Petitioner, situated at Sy No. 784/A of Pothugallu Village, Krishnagiri Mandal, Kurnool District, as if the same is Sy. No. 784/1 which is being reflected in the list of Prohibited Properties in terms of Section 22A(1)(C)) of the Registration Act, 1908, as arbitrary, illegal, unconstitutional, unjust, contrary to provisions of the Registration Act, 1908 and rules made thereunder and as being in violation of Article^ 19, 21 and 300A of Constitution of India and consequently direct the 5th Respondent to entertain transactions in relation to the property owned by the Petitioners herein having a total extent of Ac. 7.48 Cts. i.e. Ac. 2.49 Cts of the 1®‘ Petitioner and Ac. 4.99 Cts. of the 2"^^ Petitioner situated at Sy No. 784/A of Pothugallu Village, Krishnagiri Mandal, Kurnool District.
^ lA NO: 1 OF 2022 ^ Petition under Section 151 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, particularly the 5*^ Respondent to admit, process and register the deeds of conveyance pertaining to land, having a total extent of Ac. 7.48 Cts. i.e. Ac. 2.49 Cts of
the 1®* Petitioner and Ac. 4.99 Cts. of the 2'^^ Petitioner situated at Sy No. 784/A of Pothugallu Village, Krishnagiri Mandal, Kurnool Distric;^ Counsel for the Petitioner(s):SRI. VARUN BYREDDY Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS (AP) Counsel for the Respondents: GP FOR HOME Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: SRI Y L SIVAKALPANA REDDY (SC CUM SPL PP, CID) The Court made the following:
1 APHC010438232022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE ^0 [3505] PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 27491/2022 Between: M. Bhaskar Reddy, and Others ...PETITIONER(S) AND State Of Andhra Pradesh and Others Counsel for the Petitloner(S):
1.VARUN BYREDDY Counsel for the Respondent(S):
1.GP FOR HOME 2.GP FOR REGISTRATION AND STAMPS (AP) 3.Y L SIVAKALPANA REDDY(SC CUM SPL PP,CID) ...RESPONDENT(S)
2 The Court made the following order: The present writ petition is filed questioning the action of the 5^*^ respondent in not entertaining sale transactions in respect of lands admeasuring an extent of Ac.2.49 cents and an extent of Ac.4.99 cents, belonging to the petitioners respectively in Sy.No.784/A of Pothugallu Village, Krishnagiri Mandal, Kurnool District. th
2. It is the case of the petitioners that, they approached the 5 respondent for alienation of the subject lands, it was informed that, the registration cannot be affected since the subject lands are included in the prohibited property list in view of letter addressed by Inspector of Police, CID, RO Kurnool. Thereafter, the petitioners came to know that Sy.No.784/1 is included in the prohibited property list but not Sy.No.784/A. Since, the subject lands belonging to the petitioners are in Sy.No.784/A, they approached respondent Nos.5 to 7, seeking clarification.
In pursuance thereof, the 6^*^ respondent clarified by letter dated 25.03.2022, stating that, the subject lands are not included in the prohibited properties list. It is further clarified in the said letter that, Sy.No.784/1 is distinct and separate with that of
3 Sy.No.784/A in which the petitioners are claiming right as absolute owners. It is further case of the petitioners that, despite the said clarification the respondent is not entertaining registrations. Questioning the said action, the present writ petition is filed. On the other hand, the 7‘^ respondent filed counter affidavit
3. admitting the case of the petitioners that, Sy.No.784/1 is included in the prohibited properties list but not Sy.No.784/A. The 5^*^ respondent filed separate counter affidavit stating that, if the petitioners present any documents for registration, the
4. same will be processed as per the provisions of Registration Act 1908 and Indian Stamp Act, 1899. It is not in dispute that, the subject lands in Sy.No.784/A is not included in the prohibited properties list and the same is clear on a perusal of the addressed by Inspector of Police, EOW, CID, RO Kurnool, to the 5^*^ respondent. Further, on perusal of letter dated 25.03.2022, addressed by the 6*'' respondent to the respondent, it is clearly stated therein that, the petitioners are the absolute owners and possessor of lands in Sy.No.784/A. It is also stated in the said letter that, the names of the petitioners are mutated in revenue
4 records and they were issued pattadar passbooks in respect of subject lands. In view of the same, it is clear that, the subject lands are not included in the prohibited properties list. Therefore, there is no impediment for the 5^*^ respondent to entertain registration in respect of subject lands. 5. In view of the foregoing reasons, the present writ petition is
disposed of, directing the 5**^ respondent to receive, process, register and release the sale deeds that may be presented by the petitioners in respect of lands admeasuring an extent of Ac.2.49 cents and an extent of Ac.4.99 cents in Sy.No.784/A of Pothugallu Village, Krishnagiri Mandal, Kurnool District, without th referring to letter dated 31.10.2015 addressed by the 7 respondent.
6. With the above direction the writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed.
Sd/- WI.RAS\fi£SH BABU DEPUTY REGISTRAR //TRUE COPY// SECTSOM OFFICER To, Department of Stamps and Registration, State Secretariat Building, Velagapudi, Andhra Pradesh The Principal Secretary, of Andhra Pradesh
1.
2. The Principal Secretary, Department of Home, State of Andhra Pradesh, Secretariat Building, Velagapudi, Andhra Pradesh
3. The Principal Secretary, Department of Revenue, State of Andhra Pradesh, Secretariat Building, Velagapudi, Andhra Pradesh. [1 to 3 By^ Special Messenger]
4. District Registrar, Stamps and Registration Kurnool District.
5. Joint Sub-Registrar, Kodumuru, Kurnool District
6. The Tahsildhar, Krishnagiri Mandal, Kurnool District. ^
7. The Inspector of Police, CID, RO, Kurnool.[4 to 7 BY RPAD]
8. One CC to SRI. VARUN BYREDDY Advocate [OPUC]
9. One CC to SRI Y L SIVAKALPANA REDDY (SC CUM SPL PP, CID) [OPUC]
10.
Two CCS to GP FOR REGISTRATION AND STAMPS (AP) ,High Court Of Andhra Pradesh. [OUT]
11. Two CCs to GP FOR REVENUE ,High Court Of Andhra Pradesh. [OUT]
12. Two CCs to GP FOR HOME ,High Court Of Andhra Pradesh. [OUT]
13. Three CD Copies
HIGH COURT DATED:22/04/2025
ORDER 15 JUL 2025 ^SXurrent Sectioji^^^ WP.No.27491 of 2022 m 1*3 CO THE WRIT PETITION IS DISPOSED OF WITHOUT COSTS