IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE 7 PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2283 OF 2025 Between: 1. Gadde Naganna, S/o Kuruva Thirupathaiah Aged about 66 years Occ Business R/o H. No. 80-130, Venkatadri nagar, Gooty Road, Kallur, Kurnool, Andhra Pradesh. 2. M. Krishna, S/o K. Kuppu swamy Aged about 46 years, Occ Business R/o 2-237, Peddapadakhana Street, Kurnool, Kurnool District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Buildings Velagapudi Amaravati, Guntur District. 2. The District Collector, Kurnool, Kurnool District. 3. The Tahasildar, Kurnool Urban Kurnool District. 4. The Joint Sub-Registrar 1, Sub- Registrar Office, Kurnool, Kurnool 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 be pleased topleased to issue a writ order or direction more particularly in the nature of writ of mandamus declaring the action of the 1) respondent no 2 in not considering the representation dated 19-08- 2024 of the petitioner in deleting the land for an extent of Ac. 1.87 cents in Sy. No. 67/2 of Johrapuram Village, Kurnool District by taking into consideration may one of the Memo No. REV01- LANA0LAND(PM)/8/2020-LANDS-1 dated 23-03-2022 issued by 1®‘ respondent as illegal and arbitrary. 2) O'"* respondent in issuing endorsement PGRS/20/2024 dated 10-09- 2024 rejecting to delete the Land for an extent of Ac. 1.87 cents in Sy. No 67/2 of Johrapuram village, Kurnool District without verifying the records submitted by the petitioner as illegal, arbitrary and without Jurisdiction. 3) 2"'"^ respondent in issuing proceedings dated Re.E2/2312/2013 dated 27.02.2019 including the land to an extent of Ac. 1.87 cents in Sy. No. 67/2 of Johrapuram Village, Kurnool District in prohibitory list under section 22(1) A without enquiry and notice to the petitioners illegal and arbitrary and consequently direct the respondents 2 to 4 to consider the case of the writ petitioners representation Memo No. REV01- LANA0LAND(PM)/8/2020-LANDS-1 dated 23-03- 2022 by removing the subject lands from the list of Prohibited properties. as as per 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 respondents 2 to consider the petitioners representation dated 19-08-2024 as per Memo No. REV01- LANA0LAND(PM)/8/2020-LANDS-1 dated 23-03-2022 subject lands from the prohibitory list under section for 1.87 cents in Sy. No. 67/2, Joharapuram village, Kurnool Urban Mandal from the list of Prohibited properties pending disposal of the Writ Petition. Counsel for the Petitioners: SRI K V RAGHU VEER Counsel for the Respondents: GP FOR REGISTRATION Counsel for the Respondents: GP FOR REVENUE The Court made the following order: case of the writ by deleting the an extent of Ac. AND STAMPS 1 T APHC010037972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 0?=K*S [3328] FRIDAY ,THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2283/2025 Between; 1.GADDE NAGANNA, S/0 KURUVA THIRUPATHAIAH AGED ABOUT 66 YEARS OCC BUSINESS R/0 H. NO. 80-130, VENKATADRI NAGAR, GOOTY ROAD, KALLUR, KURNOOL, ANDHRA PRADESH. 2.M. KRISHNA, S/0 K. KUPPU SWAMY AGED ABOUT 46 YEARS R/0 2-237, PEDDAPADAKHANA STREET OCC BUSINESS KURNOOL, KURNOOL DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL REVENUE (REGISTRATION AND STAMPS) SECRETARIAT BUILDINGS, VELAGAPUDI SECRETARY, DEPARTMENT AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, KURNOOL KURNOOL DISTRICT. 3.THE TAHASILDAR, KURNOOL URBAN KURNOOL DISTRICT. SUB- REGISTRAR OFFICE, 4.THE JOINT SUBREGISTRAR 1 KURNOOL, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S); 1.KVRAGHU VEER 2 Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following; ORAL ORDER: Heard Sri K.V.Raghuveer, Learned Counsel for the Writ Petitioner through Video Conference and Sri K. Arjun Chowdhary, learned Assistant Government Pleader for Revenue appearing for the Respondents. 2. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Endorsement passed by the Tahsildar of Kurnool Urban Mandal (Respondent No.3) dated 10.09.2024 (Ex.P22). Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to the Representation submitted to the District Collector dated 19.08.2024 (Ex.P20). He would submit that the District Collector is the Competent Authority to consider the request from any citizen to delete the concerned property from the Prohibited Properties List under Section 22A of the Registration Act. He would therefore submit that while such power is reserved to the District Collector, the Tahsildar of Kurnool Urban Mandal ought not to have issued the Endorsement dated 10.09.2024 (Ex.P22). He would submit that the Impugned Endorsement dated 10.09.2024 (Ex.P22) is vitiated due to lack of jurisdiction on the part of the Tahsildar to pass such an Order. Having regard to the facts and circumstances of this case, this Court is in agreement with the submissions made by Learned Counsel for the Writ Petitioner that the Tahsildar lacks jurisdiction in entertaining any Application or any request for deletion of citizen’s property from the Prohibited Properties List under Section 22A of the Registration Act. In this view of the matter, the Impugned Endorsement dated 10.09.2024 (Ex.P22) is not sustainable in law. Accordingly, the same is set aside. Consequently, the District Collector, Kurnool District (Respondent No.2) is now directed to consider the 3. \ 3 Representation/Application submitted by the Writ Petitioner dated 19.08.2024 (EX.P20) and pass a Speaking Order in accordance with law within a period of 14 weeks from today and communicate a copy of such Order to the Writ Petitioner forthwith. 4. Needless to state that the Respondent No.2 is statutorily obligated to adhere to the principles of Natural Justice by issuing advance Notice to all the interested parties including the Writ Petitioner, consider their submissions/objections and documents, if any, before passing the final order. With these observations and directions, this Writ Petition stands 5. Allowed. No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR 6. //TRUE COPY// To, ^ . SECTION OFFICER The Principal Secretary, Revenue (Registration and Stamps) Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Amaravati, Guntur District. The District Collector, Kurnool, Kurnool District. The Tahasildar, Kurnool Urban Kurnool District. The Joint Sub-Registrar 1, Sub- Registrar Office, Kurnool, Kurnool District. One CC to Sri K V Raghu Veer, Advocate [OPUC] Two CCs to GP for Registration & Stamps, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. RAM HIGH COURT DATED:31/01/2025 ^^-OF ANDH^ i 12 FEB 2025 g)) ORDER s- y . Current oeciion . ^ WP.No.2283 of 2025 ALLOWING THE WP WITHOUT COSTS