'4 H » 'll IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2060 OF 2025 Between: Smt. Inakollu Siva Kumari, W/o. Sankara Rao, Hindu, Female, Age about- 59 years, R/o. Pamulapadu Village, Tadikonda Mandal, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principle Secratary to Revenue Dept, Secrateriat Buildings, Velagapudi, Guntur District. 2. The District Collector, Guntur District, office at Guntur. 3. The Revenue Divisional Officer, Guntur Revenue Division, Office at Guntur, Guntur District 4. The Tahasildar, Tadikonda Mandal 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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in unilaterally placing the lands of the petitioner admeasuring Ac.2.48 Cents in RS.No. 434/5 situated in Pamulapadu Village, Tadikonda Mandal, Guntur District in the list of Prohibitory Register under Section 22- A(1)(a) of Registration Act, 1908 as, illegal, arbitrary, violation of principles of natural justice, without jurisdiction and violation of Articles 14, 21 and 300(A) of the Constitution of India and consequently direct the 2nd respondent to delete the subject lands from the list of prohibitory properties p duly considering the report of the 4th respondent vide Rc.No 480/2018 dated. 02.11.2018 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 2nd respondent to take a decision on the representation of the petitioner dated 18-12-2024 duly considering the report of the Tahsildar dated 02-11-2018 and pass appropriate orders for deletion of petitioner's land admeasuring Ac.2.48 Cents in RS.No. 434/5 situated in Pamulapadu Village, Tadikonda Mandal, Guntur District from the list of Prohibitory Register under Section 22-A(1)(a) of Registration Act, 1908 Counsel for the Petitioner: SRI VENKATA RAMA RAO KOTA Counsel for the Respondents No.1 to 4: GP FOR REVENUE The Court made the following: Order •mr 1 APHC010036152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) lU [3328] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2060/2025 Between: 1.SMT. INAKOLLU SIVA KUMARI W/O.SANKARA RAO, HINDU, FEMALE, AGE ABOUT- 59 YEARS, R/0. PAMULAPADU VILLAGE, TADIKONDA MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPLE SECRATARY TO REVENUE DEPT, SECRATERIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, GUNTUR DISTRICT, OFFICE AT GUNTUR. 3.THE REVENUE DIVISIONAL OFFICER, GUNTUR REVENUE DIVISION, OFFICE AT GUNTUR, GUNTUR DISTRICT 4.THE TAHASILDAR, TADIKONDA MANDAL GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1 .VENKATA RAMA RAO KOTA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 2 ORAL ORDER: Heard Sri Venkata Rama Rao Kota, learned Counsel for the Writ Petitioner and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for all the Respondents. 2. Sri K. Arjun Chowdhary, Learned Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Collector & District Magistrate, Guntur dated 28.01.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. At the outset, this Court is rather constrained to make an adverse comment as regards the delayed action on the part of the District Collector (Respondent No.2) as well as the slipshod method of addressing the public issues by the Tahsildar (Respondent No.4). 3. It is the case of the Writ Petitioner that the father of the Writ Petitioner is an Ex-servicemen and that the land which is assigned to him, ought to have been deleted from the Prohibited Properties List under Section 22A of the Registration Act, after completion of 10 years. It is stated that the assignment is granted in favour of the Writ Petitioner’s father on 12.08.1981. Even by the year 2018, the assignment granted in favour of the father of the Writ Petitioner was neither made freehold nor was deleted from the Prohibited Properties List. After the demise of the father of the Writ Petitioner in the year 1993, the mother of the Writ Petitioner had applied to the Authorities seeking No Objection Certificate to sell away the subject property, but there was no action on the part of the Official Respondents. 4. The Writ Petitioner has once again made a detailed Representation on 12.09.2018 vide Application No.TATTAOl 1800026836. As there is inaction on the part of the Official Respondents, the Writ Petitioner has submitted a Representation to the Competent Authority through the Public Grievance Redressal System (Spandana). In response to the said Representation, submitted during the Public Grievance Redressal System, the Tahsildar 5. 3 (Respondent No.4) has recently issued an Endorsement on 07.01.2025 (Ex.RIO) stating that the land is Cheruvu Poramboke and therefore, the land cannot be deleted from the Prohibited Properties List under Section 22A(1). It appears that the Tahsildar has not verified his own record since the Officer vide Proceeding dated 02.11.2018, had in fact recommended for deletion of the said land from the Prohibited Properties List. The relevant portion is usefully extracted hereunder; same “It is further submitted that as per GO MS No.307, Dt: 06-06-2013, the Ex-Service Men are free to sell away their Assigned lands after a period of 10 years from the date of Assignment. In the present case as the original Assignee expired during the year 1993 and his wife Smt. Patchala Satyavathi applied for issue of No Objection Certificates to sell away the land gifted to her daughter Smt. Inakollu Siva Kumari W/o Sankara Rao, it is recommended for issue of No Objection Certificate to sell away the land measuring an extent of Ac. 2.48 cents in Sy. No. 434/5 of Pamulapadu Village, Tadikonda Mandal and also recommendedfor deletion of the subject land from Prohibited properties list prepared U/s 22-A (1)(a) of the Registration Act, 1908. The present enjoyer Smt. Inakollu Siva Kumari W/o Sankara Rao also given her consent for getting NOC from the District Collector and to sell away the land for her domestic needs. The record of enquiry, chek slip and errata are enclosed.” ! / 6. The above developments would indicate that the Report of the Tahsildar (Respondent No.4) dated 02.11.2018 was not considered by the District Collector (Respondent No.2) till date, which itself is a gross violation of Article 300A of the Constitution of India. This apart, the Tahsildar, by complete non-application of mind, has issued an Endorsement on 07.01.2025 which is contrary to his own Proceeding dated 02.11.2018 (Ex.P.5). Tahsildar, even does not have the power to issue such Endorsement because such power is reserved to the District Collector to consider the case of the Writ Petitioner and pass appropriate Orders. Although there is no challenge to the Endorsement, since the said Endorsement is contrary and illegal, on the face In fact, the f npmi 4 of it, this Court deems it appropriate to set aside the said Endorsement issued by the Tahsildar dated 07.01.2025 (Ex.P.10). Accordingly, the Endorsement issued by the Tahsildar (Respondent No.4) dated 07.01.2025 is set aside. The District Collector, Guntur (Respondent No.2) is directed to consider the Representation and the Application of the Writ Petitioner dated 12.09.2018 bearing Application No.TATTAOl 1800026836 (Ex.P.3) in the light of the Report of the Tahsildar dated 02.11.2018 (Ex.P.5) and pass a Speaking Order in accordance with law within a period of 12 weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. 7. 8. Writ Petitioner is directed to submit a copy of this Order along with a photocopy of the Application submitted by her on 12.09.2018 and the Proceedings of the Tahsildar dated 02.11.2018 (Ex.P.5) to the District Collector (Respondent No.2), for effective compliance. 9. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ' SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh Revenue Dept, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Guntur District, office at Guntur. 3. The Revenue Divisional Officer, Guntur Revenue Division, Office at Guntur, Guntur District 4. The Tahasildar, Tadikonda Mandal Guntur District. 5. One CC to SRI VENKATA RAMA RAO KOTA Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 7. Three CD Copies To, V HIGH COURT DATED: 29/01/2025 05 FEB 2025 curreni Secuon o> ORDER CO WP.No.2060 of 2025 ALLOWING THE WP WITHOUT COSTS