APHC010039722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 2003/2025 Between: 1. KALLURU SESHI REDDY, S/O CHINA SUBBA REDDY, AGED ABOUT 75 YEARS, OCC CULTIVATION, R/O H NO 6/73-3, TRIVENGALAPURAM VILLAGE,, RAJA SAHEBPETA PANCHAYAT, PORUMAMILLA MANDAL, KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE SUPERINTENDENT ENGINEER, NATIONAL HIGHWAYS CIRCLE, ANANTHAPURAM ANANTHAPURAM DISTRICT. 3. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS KADAPA, KADAPA DISTRICT DISTRICT COLLECTOR, YSR KADAPA, KADAPA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, , BADVEL, KADAPA DISTRICT. 5. THE TAHSILDAR, PORUMAMILLA MANDAL, PORUMAMILLA, KADAPA DISTRICT. 6. THE STATION HOUSE OFFICER, PORUMAMILLA TOWN POLICE 2 STATION ...RESPONDENT(S): Counsel for the Petitioner: 1. CH VIDYASAGAR Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. S S VARMA (SC FOR NHAI) The Court made the following ORAL ORDER: Heard Sri CH. Vidyasagar, learned Counsel for the Writ Petitioner and Sri Divya Theja, Learned Assistant Government Pleader for Land Acquisition. 2. The present Writ Petition is filed seeking following relief : “…….. to issue a writ, order or direction particularly one in the nature of a Writ of Mandamus declaring the action of the 2nd & 3rd Respondents without paying the compensation going form a road through the Petitioner agriculture lands situated at Cherlopalli Revenue Village, Porumamilla Mandal, Kadapa District, an extent of Ac 1-66 cents in Survey No 1186 is illegal, arbitrary and violation of the Article 300-A of the Constitution of India and Principles of Natural Justice and consequently : a) direct the Respondent Nos.1 to 6 to pay compensation for acquisition of Petitioner’s land an extent of Ac 0-46 cents out of an extent Ac 1-66 Cents situated at Cherlopalli Revenue Village, Porumamilla Mandal, Kadapa District for the purpose of formation of National High No 167-B. b) direct the Respondents Nos.4 to 6 to delete wrong entries in revenue records by entering the Petitioner’s name for his lands an extent of Ac 1-66 cents in Survey No 1186 situated at Cherlopalli Revenue Village, Porumamilla Mandal, Kadapa District c) and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case in the interest of justice”. 2. Sri Divya Theja, learned Assistant Government Pleader has submitted the Written Instruction furnished by the Competent Authority for Land Acquisition and Revenue Divisional Officer, Badvel, dated 27.01.2025. 3 Copy of the Written Instruction is also supplied to the learned Counsel for the Writ Petitioner. The same is taken on record. 3. Relevant portion of the Written Instruction is usefully extracted hereunder: “Further it is submitted that as per the Revenue Records, the land in Sy.No.1186 extent Acres 1.66 Cents was noted as Patashala (School) vide khata No. 20001602 of Cherlopalli Village of Porumamilla Mandal. No Assignment or Alienation or Transfer of the said land was occurred. Hence the Award No. 02/2022 vide Ref.No.H/1874/2017 dated: 24.01.2022 has been passed by Competent Authority of Land Acquisition and Sub Collector, Rajampet for the land in Sy.No.1186/2 extent Acres 0.26 cents in favour of Gajulapalli Raghunatha Reddy S/o Ramireddy and Pullayapalli Subbireddy S/o Ramireddy at Sl.No.19 and Sy.No.1186/2 extent Acres 0.20 Cents in favour of Gajulapalli Raghunatha Reddy S/o Ramireddy at Sl.No.20 for (0) ZERO compensation for the reasons noted in award copy as "the land mentioned at Sl.No.19, 20 of land value for those lands 55, 112. 121 etc., are classified as kunta, Rastha, Hill, Hill Stream and Porambokes category of the verification of the RSR of concerned villages. Hence determination mentioned that SI.Nos does not arise in requisition and it may be alienated to the requisition department through the District Collector, Kadapa in accordance with BSO and NH Act, 1956 and LA Act 2013 and it amendments which are in force". The Executive Engineer, National Highways, MORT&H has laid the road. Further it is submitted that on 15.05.2023, the Writ Petitioner has filed a representation before the Respondent No.6 stating that the land in Sy.No.1186 extent Acres 1.66 Cents of Cherlopalli Village of Porumamilla Mandal was cultivating by Kanchamreddy Subba Reddy @ Paripoornanandha Swamy S/o Rami Reddy and has purchased the same through unregistered Agreement and requested for mutation of the land in favour of Kancham Reddy Paripoornanandha Swamy (Who is not party in the present writ petition).” 4. The above extract would indicate that the name of the Writ Petitioner does not exist in the Revenue Record and that the Writ Petitioner is not entitled for any compensation. It is also stated that the subject land in Sy.No.1186/2 of an extent of Ac.0.26 cents is recorded in the name of Gajulapalli Raghunatha Reddy S/o Ramireddy and Pullayapalli Subbireddy S/o Ramireddy. The Written Instruction would also indicate that the Writ Petitioner has purchased the property from one Sri Kanchamreddy Subba 4 Reddy @ Paripoornanandha Swamy under unregistered Agreement of Sale dated 13.11.2006. 5. In Suraj Lamp and Industries Private Limited (2) Through Director Vs. State of Haryana and Another : [(2012) 1 SCC 656]. A three Judge Bench of Hon’ble Apex Court had categorically held that a transfer of immovable property by way of sale can only be by a deed of conveyance and not by any other mode. In Para Nos.18 & 19 of the said Judgment, the Hon’ble Apex Court had held as under: “18. It is thus clear that a transfer of immovable property by way of sale can only be by a deed of conveyance (sale deed). In the absence of a deed of conveyance (duly stamped and registered as required by law), no right, title or interest in an immovable property can be transferred. 19. Any contract of sale (agreement to sell) which is not a registered deed of conveyance (deed of sale) would fall short of the requirements of Sections 54 and 55 of the TP Act and will not confer any title nor transfer any interest in an immovable property (except to the limited right granted under Section 53-A of the TP Act). According to the TP Act, an agreement of sale, whether with possession or without possession, is not a conveyance. Section 54 of the TP Act enacts that sale of immovable property can be made only by a registered instrument and an agreement of sale does not create any interest or charge on its subject- matter.” 6. In Sanjay Sharma Vs. Kotak Mahindra Bank Ltd., and Ors., (Arising out of SLP (C) No.330 of 2017), the Hon’ble Apex Court, held in Para Nos.27 & 29 as under: “27. Section 54 of the Transfer of Property Act, 1882, defines a “sale” as the transfer of ownership in exchange for a price that is either paid, promised, or part-paid and part-promised. This provision further describes the manner in which a sale is effected. It stipulates that, in the case of tangible immovable property valued at one hundred rupees or more, the transfer can be made only through a registered instrument. The use of the term “only” signifies that, for tangible immovable property valued at one hundred rupees or more, a sale becomes lawful only when it is executed through a registered instrument. Where the sale deed requires registration, ownership does not pass until the deed is 11 registered, even if possession is transferred, and consideration is paid without such registration. The registration of 5 the sale deed for an immovable property is essential to complete and validate the transfer. Until registration is effected, ownership is not transferred. 29. This Court in Babasheb Dhondiba Kute vs. Radhu Vithoba Barde in SLP(C) No.29462 OF 2019 held that the conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with Section 17 of the Registration Act, 2008. Till then, there is no conveyance in the eyes of law.” 7. The above extract would indicate that the Writ Petitioner has not acquired any title on the subject property under unregistered Agreement of Sale dated 13.11.2006. It does not confirm any right or title on the subject land. If the Writ Petitioner is desirous of establishing his right over the said property, he is at liberty to approach Civil Court. There is no merit in the present Writ Petition. Accordingly, the Writ Petition is dismissed. No Order as to Costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 03.02.2025 JKS 6 47 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 2003 OF 2025 03.02.2025 JKS