APHC010573262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 29677/2025 Between: 1. NANDIGAM RAVI KIRAN, MALE, AGED- 32 YEARS, OCC- PVT.EMPLOYEE, S/O. NANDIGAM SRI KRISHNA VARA PRASAD, R/O.KALRAYANNAGUDEM (V), LINGAPALEM (M), ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT (REVENUE DEPARTMENT), A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT. ELURU 3. THE REVENUE DIVISIONAL OFFICER, NUZIVIDU (M). NUZIVIDU. ELURU DISTRICT. 4. THE TAHSILDAR, LINGAPALEM (M), LINGAPALEM. ELURU DISTRICT. 5. THE SPECIAL DEPUTY COLLECTOR L A, POLAVARAM IRRIGATION PROJECT, RIGHT MAIN CANAL UNIT-II. COLLECTORATE COMPOUND, ELURU. ELURU DISTRICT. 6. THE SECRETARY, PRIMARY AGRICULTURAL CO- OPERATIVE SOCIETY DHARMAJIGUDEM, DHARMAJIGUDEM VILLAGE. LINGAPALEM MANDAL, ELURU 2 DISTRICT. 7. THE SUBREGISTRAR, ELURU. ELURU 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 to issue an appropriate Writ, order or orders or direction more particularly in the nature of Writ of Mandamus declaring the action of Respondents in keeping agricultural land of an extent of Ac.2.39 cents in R.S.No.263/1, situated in Kalarayannagudem (V), Lingapalem (M), Eluru District, even though the mortgaged property purchased in Public Auction and sale confirmed on 12/2/2002 kept in Prohibitied list as highly illegal, arbitrary and contrary to law and clear violation of Principles of Natural Justice and clear violation of Articles 14,21 and 300A of the Constitution of India and consequently to direct the Respondents to release from Prohibited list of an extent of Ac.2.39 cents in R.S.No.263/1, situated in Kalarayannagudem (V), Lingapalem (M), Eluru District and 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 direct the Respondents to cancel the Registered Mortgaged deed dated: 3-8-2011 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. B P RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR LAND ACQUISITION 3. GP FOR REGISTRATION AND STAMPS The Court made the following: 3 ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: <to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in keeping agricultural land of an extent of Ac.2.39 cents in R.S.No.263/1, situated in Kalarayannagudem (V), Lingapalem (M), Eluru District, even though the mortgaged property purchased in Public Auction and sale confirmed on 12/2/2002 kept in Prohibited list as highly illegal, arbitrary and contrary to law and clear violation of Principles of Natural Justice and clear violation of Articles 14,21 and 300A of the Constitution of India and consequently to direct the Respondents to release from Prohibited list of an extent of Ac.2.39 cents in R.S.No.263/1, situated in Kalarayannagudem (V), Lingapalem (M), Eluru District and pass….= 2. Heard M/s. B.P.Raju, learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. Without going into the merits of the case, it is an admitted fact that the issue was already decided by the Division Bench of the erstwhile High Court of Judicature at Hyderabad reported in Sub- Registrar, Srikalahasti, Chittoor District vs. K.Guravaiah1 wherein it was clearly held that the properties which were sold under public auction by the Co-operative Society are to be exempted under Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and it is an undisputed fact that the said orders were assailed before Hon’ble Apex Court by way of Special Leave Petition by the State Government 1 2009(2) ALD 250 (DB) 4 and the Apex Court also dismissed the Special Leave Petition filed by the State. Following the ratio decided by the Hon’ble High Court in the earlier round of litigation, this Court has also disposed of the W.P.No.40610 of 2012 in which it is held that the sale of assigned land for recovery of dues to a Co-operative Society, the land looses its character as assigned land and stands exempted from the prohibition of transfer under the provisions of Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977. Subsequently directed the authorities to receive the document and process the same for registration without treating the property as assigned land. 4. In view of the directions granted in the earlier writ petition, the authorities are not entitled to include the subject property in the prohibitory list under Section 22-A of the Act. 5. In view of the ratio decided by the Division Bench of this Court, the respondents are directed to consider the request made by the petitioner for deletion of the properties in an extent of Ac.2.39cents in R.s.No.263/1, situated in Kalarayannagudem (V), Lingapalem (M), Eluru District from the list of prohibitory property and pass appropriate orders within a period of one (01) month from the date of receipt of a copy of this order and communicate the same to the petitioner. 5 6. With the above direction, the Writ Petition is disposed of. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 21.11.2025 RD 6 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.29677 of 2025 12.11.2025 RD