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2025 DAILYLAW 47107 (AP)

Vadlamudi Seetartnam (Died) as per L.R P2 v. The state of Andhra Pradesh

WP/27273/2022 · 2025-12-22

B Krishna Mohan

body2025

Judgment text

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APHC010444922022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 27273/2022 Between: 1. VADLAMUDI SEETARTNAM (DIED) AS PER L.R P2, W/O VADLAMUDI VEERA VENKATA RAMARAO AGED ABOUT 83 YEARS, R/O H NO 1-27,SIVALAYAM VEEDHI, TIRUMALAMPALEM, WEST GODAVARI ANDHRA PRADESH 2. VADLAMUDI VENKATESWARARAO, S/O VEERA VENKATA RAMARAO (LATE), AGED ABOUT 48 YEARS, R/O H.NO.127, SIVALAYAM VEEDHI, TIRUMALAMPALEM, WEST GODAVARI, ANDHRA PRADESH. PETITIONER NO.2 IS BROUGHT ON RECORD AS L.R OF THE DECEASED 1ST PETITIONER AS PER THE COURT'S ORDER DT.25.11.2025 IN I.A.NO.01 OF 2025 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DIST. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, DWARAKATIRUMALA MANDAL, WEST GODAVARI DISTRICT. 4. THE VILLAGE REVENUE OFFICER, TIRUMALAMPALEM VILLAGE, DWARAKA TIRUMALA MANDAL, WEST GODAVARI DISTRICT. 2 HBKM,J W.P.No.27273 of 2022 ...RESPONDENT(S): 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 topleased to issue appropriate order or direction more particularly in the nature of writ of mandamus declaring the action of respondent No.2 and 3 in not removing/delisting the land an extent of Ac.4.46 cents in R.S.No. 477-1, Ac.1.14 cents in Sy No. 477-2 and Ac.2.00 cents in Sy. No 478-2 a total extent of 7.60 cents of tirumalapuram village, Dwaraka Tirumala mandal, west Godavari district which are classified as Gayalu lands from prohibited lands register under section 22-A of registration Act, 1908 in contravention of G.O.Ms.No.575 dated 16-11-2018 and also against the report dated 23-04- 2022 submitted by 4th respondent to delist the petitioners land from 22-A list register as illegal, arbitrary, unconstitutional and violative of article 14,21 and 300-A of constitution of india and consequently direct the respondent No.2 and 3 to delete the lands belonging to petitioners an extent of Ac.4.46 cents in R.S.No. 477-1, Ac.1.14 cents in Sy No. 477-2 and Ac.2.00 cents in Sy. No 478-2 a total extent of 7.60 cents of tirumalapuram village, Dwaraka Tirumala mandal, west Godavari district from prohibited lands registry under section 22- A of registration Act, 1908 and to pass IA NO: 1 OF 2022 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 pleased to consider the enquiry report submitted by the respondent No.4 and delete lands belonging to petitioners an extent of Ac.4.46 cents in R.S.No. 477¬1, Ac.1.14 cents in Sy No. 477-2 and Ac.2.00 cents in Sy. No 478-2 a total extent of 7.60 cents of tirumalapuram village, Dwaraka Tirumala mandal, west Godavari district from prohibited lands registry under section 22-A of registration Act, 1908 pending disposal of the above writ petition and to pass IA 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 may be pleased to permit the LR petitioner to be arrayed as Legal Representatives of the deceased petitioner i.e., Vadlamudi Seetartnam, in the above W.P.No.27273 of 2022 as petitioner no. 2 and pass Counsel for the Petitioner(S): 3 HBKM,J W.P.No.27273 of 2022 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. ADDL ADVOCATE GENERAL (AP) The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This Writ Petition was filed declaring the action of the respondent Nos. 2 & 3 in not removing/delisting the land to an extent of Ac.4.46 cents in R.S.No.477-1, Ac.1.14 cents in Sy. No. 477-2 and Ac.2.00 cents in Sy.No.478-2 a total extent of 7.60 cents of tirumalapuram village, Dwaraka Tirumala mandal, west Godavari District which are classified as Gayalu lands from the prohibited lands register under Section 22-A of registration Act, 1908 in contravention of G.O.Ms.No.575 dated 16.11.2018 and also against the report dated 23.04.2022 submitted by the 4th respondent to delist the petitioners land from the 22-A list register. 3. The learned counsel for the petitioners submits that though a report dated 23.04.2022 was submitted by the respondent Nos.3 & 4, recommending deletion of the subject lands from the prohibited list, the same was not acted upon by the respondent No.2. It is further submitted that the petitioners made a representation to the respondent No.2, dated 27.05.2022, seeking deletion of the subject land from the prohibited list under Section 22-A(1)(e) of the Registration Act, 1908. He further submits that in pursuance of the said 4 HBKM,J W.P.No.27273 of 2022 representation, dated 27.05.2022, the 2nd respondent issued an endorsement dated 04.06.2022, stating that the petitioners had not produced registered Document No.1321/1972, dated 20.07.1972 and Document No.3399/1970 , dated 09.11.1970 and not furnished Encumbrance Certificates to establish their title. The endorsement further stated that appropriate decision would be taken if the said documents are produced. However, the learned counsel fairly admits that the said endorsement dated 04.06.2022 has not been challenged in the present writ petition, though the substantive relief for deletion of the subject lands as per G.O.Ms.No.575 dated 16.11.2018 is sought. 4. On the other hand, learned Assistant Government Pleader submitted that the representation, dated 27.05.2022 was duly considered by the 2nd respondent and the above said endorsement was issued enabling the petitioners to produce all the relevant documents in support of their claim. It is further submitted that if such documents are produced, the 2nd respondent would consider the same and pass appropriate orders in accordance with law. 5. The learned Assistant Government Pleader, relying upon the counter affidavit filed by the 3rd respondent, further submitted that the petitioners claim is based on D-Form patta and that they have not produced link documents or Encumbrance Certificates. It is further stated that though the alleged purchases relate to the years of 1970–1972, the petitioners failed to place the registered sale deeds before the respondent No.2 for proper consideration. 5 HBKM,J W.P.No.27273 of 2022 6. In view of the above said facts and circumstances of the case, and upon consideration of the rival submissions made, this Court is of the opinion that the petitioners shall be granted an opportunity to submit a fresh application to the respondent No.2 enclosing all the necessary documents in support of their claim for deletion of the subject lands from the prohibited list. Accordingly, the petitioners are permitted to submit a fresh representation to the respondent No.2 within a period of four (04) weeks from the date of receipt of copy of this order. Upon receipt of such application, the respondent No.2 shall consider the same, affording an opportunity of hearing to all the concerned parties including the petitioners, and pass a reasoned order on merits, as expeditiously as possible, preferably within a period of three (03) months from the date of receipt of the application. The decision shall be taken independently in accordance with law, keeping in view the earlier endorsement issued by respondent No.2, dated 04.06.2022. 7. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 23.12.2025 RMD 6 HBKM,J W.P.No.27273 of 2022 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 27273/2022 23.12.2025 RMD