IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 22317 OF 2021 Between: Vikkurthi Rama Rao, S/o Suryanarayana, Aged about 65 years, Cultivation R/o Jonnalagadda Village, Guntur Rural, Guntur district. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Velagapudi, Amaravathi. 2. The District Collector, Guntur District, Guntur. 3. The Revenue Divisional Officer, Guntur Division, Guntur. 4. The Tahsildar, Tadikonda mandal, Tadikonda, Guntur District. 5. The Sub-Registrar, Tadikonda, Guntur 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 may be pleased to issue writ of mandamus or any other appropriate writ or direction, declaring the action of the 4‘^ respondent in included the property to an extent of Ac 4-88 cents situated in Sy.No.235/3 of Lam Village, Tadikonda mandal, Guntur district in the prohibitory list under Section 22 - A of the Registration Act, 1908 without considering the conversion proceedings issued by the 2"'^ respondent vide L.Dis.13811/74-A1 dt. 21-11-1974, without conducting enquiry and without notice is illegal, arbitrary and violative of principals of natural justice and consequently direct the 4*'^ respondent herein to delete the same from the Prohibition list of Section 22-A of Registration Act, 1908 forthwith. (Prayer is amended as per Court order dt.28/10/2021 in lA No.2/2021) lA NO: 1 OF 2021 -fe-; • • 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 4*'^ respondent herein to delete the property to extent of Ac.4-88 cents situated in Sy.No.235/3 of Lam Village, Tadikonda mandal, Guntur district from the prohibitory list under section 22-A of the Registration Act, 1908 forthwith in view of the proceedings issued by the 2nd respondent herein pending disposal of the above writ petition in the interests of justice. (Prayer is amended as per Court order dt.28/10/2021 in lA No.2/2021) Counsel for the Petitioner: SRI G. V. S. MEHAR KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER an APHC010366672021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 22317/2021 Between; ...PETITIONER Vikkurthi Rama Rao AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.G VS MEHAR KUMAR Counsel for the Respondent(S); 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS (AP) 2 The Court made the following order: The present Writ Petition is filed questioning the action of the respondents 2 to 4 in including the land, admeasuring an extent of Ac.4.88 cents in Sy.No.235/3, situated at Lam Village, Tadikonda Mandal, Guntur District, in prohibited properties list issued under Section 22-A of the Registration Act, 1908. Learned counsel for the petitioner would submit that, the 2. subject land was initially assigned in favour of one Sri Malladi Venkata Sastry, under the Ex-Serviceman quota. The said individual alienated the subject land in favour of the petitioner by virtue of registered sale deed vide document No.82 of 1982. He would further submit that out of the total extent, a part of the property was gifted in favour of the his daughter, and at the time of execution of gift deed, the 3'"'^ respondent-Revenue Divisional Officer (RDO) issued certificate vide L.Dis.509/2007-B, dated 30.06.2007, whereby and whereunder it was confirmed that the subject land was originally assigned to Military personnel under Ex-Servicemen quota. A Copy of the said certificate dated 30.06.2007, is filed along with the writ petition. The original assignee after expiry of ten 10 years, executed a registered sale deed in favour of the petitioner and at the time of registration, no 3 objection was raised by the respondents. Apart from the same, the counsel for the petitioner would also submit that, when a portion of the land was gifted in favour of his daughter, no objection certificate dated 30.06.2007, was issued, confirming the factum of assigning the land under Ex.Servicemen quota. It is further case of the petitioner that, without verifying the records. the respondents 2 to 4, inadvertently included the subject land under the prohibited property list issued under Section 22-A of the Registration Act, 1908. Questioning the said action, the present writ petition is filed. The 2'^'^ respondent filed counter affidavit stating that the subject land was assigned to one Sri Malladi Venkata Sastry under normal circumstances treating him as a landless poor person, but not under the Ex-Servicemen quota. With the above contention, the 2'"'^ respondent justified his action in including the subject property under the prohibitory list. Though several other contentions were raised in the counter, this Court is not inclined 3. to go into the merits of the matter, inasmuch as, the petitioner filed the present writ petition questioning the said action without approaching the 2'^^ respondent. 4 4. In view of the above, taking into consideration of the submissions of both the learned counsel, this Court feel that it is appropriate to dispose of the writ petition by directing the petitioner to submit a detail representation by producing necessary documents in support of his claim within a period of two (02) weeks from the date of receipt of a copy of this order. Upon submitting such representation, the 2'"'^ respondent is directed to dispose of the same within a period of six (06) weeks thereafter, by affording an opportunity of being heard to the petitioner. 5. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR SECTF^^^FFICER //TRUE COPY// To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Velagapudi, Amaravathi. 2. The District Collector, Guntur District, Guntur. 3. The Revenue Divisional Officer, Guntur Division, Guntur. 4. The Tahsildar, Tadikonda mandal, Tadikonda, Guntur District. 5. The Sub-Registrar, Tadikonda, Guntur District. 6. One CC to Sri G V S Mehar Kumar, Advocate[OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Stamps and Registration, High Court of Andhra HIGH COURT DATED;29/04/2025 ^AND##^ * 0 6 JUN 20?5 ^ . Currant Secuon W ov ml ORDER WP.No.22317 of 2021 DISPOSING OF THE W.P. WITHOUT COSTS