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2025 DAILYLAW 47715 (AP)

Pasam Hymavathi, v. The State of Andhra Pradesh,

WP/13402/2023 · 2025-12-14

D Ramesh

body2025

Judgment text

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APHC010253272023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 13402/2023 Between: 1. PASAM HYMAVATHI,, W/O PASAM LAKSHMI NARASAIAH, AGED ABOUT 42 YEARS, HINDU, HOUSE WIFE, RESIDENT OF D. NO. 7/305901, SRINIVASA NAGAR, PRODDATUR TOWN AND MANDAL, YSR KADAPA DISTRICT. 2. PASAM SARITHA,, W/O PASAM RAMAMOHAN, AGED ABOUT 36 YEARS, HINDU, HOUSE WIFE, RESIDENT OF D. NO. 7/305901, SRINIVASA NAGAR, PRODDATUR TOWN AND MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE (STAMPS AND REGISTRATION) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT REGISTRAR, KADAPA. 3. THE JOINT SUBREGISTRAR/THE SUB REGISTRAR, DUWUR, DUWUR MANDAL, YSR KADAPA DISTRICT. ...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 an order, or a direction, or a writ, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 in refusing to register the sale deed in favour of the petitioners executed by their vendors in respect of Ac. 1.00 cents of land in Sy. No. 371/25 of Duvvur village fields of Duwur Mandal, YSR Kadapa District by assigning a pending number with P144/2021 through his intimation of refusal dated -2- W.P. No.13402 OF 2023 Date of order:15.12.2025 04.02.2022 on the ground that the said land is an assigned land though the original assignee was assigned the said land on payment of market value as illegal, arbitrary and against the provisions of Article 300-A of Constitution of India, and consequently to direct the 3rd respondent to accept the registration by assigning the regular document number to the sale deed of the petitioners dated 20.12.2021, and to pass IA NO: 1 OF 2023 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 direct the 3rd Respondent to accept the registration of the sale deed dated 20.12.2021 of the petitioners executed by their vendors by assigning a regular document number in respect of the land in an extent of Ac. 1.00 cents in Sy. 1.00 cents in Sy. No. 371/25 of Duwur village fields of Duwur Mandal of YSR Kadapa District, 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 to grant leave to the Respondent No.3 in the Writ Petition No. 13402 of 2023 to file counter affidavit in the above Writ Petition and pass Counsel for the Petitioner(S): 1. KALEEMULLA S Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS (AP) The Court made the following: -3- W.P. No.13402 OF 2023 Date of order:15.12.2025 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 13402 OF 2023 ORDER: 1. The Writ Petition was filed to declare the action of the 3rd Respondent in refusing to register the sale deed executed by the vendors in favour of the Petitioners in respect of Ac.1.00 cents of land in Survey No.371/25, Duvvur Village, Duvvur Mandal, YSR Kadapa District, and the same was communicated through intimation dated 04.02.2022, assigning pending number with P144/2021, on the ground that the said land is an assigned land, though the original assignee had obtained the assignment on payment of market value, as illegal and arbitrary. 2. The contention of the Petitioners is that the vendor had paid the market value for the assignment made, and they rely upon the document marked as Ex.P.1, dated 8Nil9 June 1978. 3. The learned Government Pleader for Revenue, appearing on behalf of the Respondents, based on the averments in the counter filed by the 3rd Respondent, has submitted that the 3rd Respondent has no jurisdiction to remove the subject land from the prohibitory list under Section 22‑A of the Registration Act. In fact, the subject property is included in the 22‑A (1)(a) list. Based on the records, the 3rd Respondent rejected the documents filed by the Petitioners. If the Petitioners have any grievance regarding the inclusion of the property in the 22‑A(1)(a) list, they may make an online application before the District Collector. Upon receipt of such an application, the District Collector -4- W.P. No.13402 OF 2023 Date of order:15.12.2025 would consider the matter after obtaining a report from the concerned officials and pass appropriate orders based on the records. 4. Considering the submissions, the petitioners are granted liberty to implead the District Collector, YSR Kadapa District, as a party respondent to the writ petition. Further, the petitioners are also granted liberty to make an online application to the newly impleaded Respondent, the District Collector, YSR Kadapa District, within two weeks for deletion of the subject property from the 22‑A(1)(a) list. On filing such an application, the District Collector is directed to consider the same and pass appropriate orders within two months from the date of receipt of the application. 5. Accordingly, the writ petition is disposed of. No costs. 6. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV