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2025 DAILYLAW 50044 (AP)

KOTAKONDA NARASIMHULU v. THE STATE OF ANDHRA PRADESH

WP/11718/2025 · 2025-05-05

Venkateswarlu Nimmagadda

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV, (Special Original Jurisdiction) jl TUESDAY, THE SIXTH DAY OF MAY ' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11718 OF 2025 a At Between: Kotakonda Narasimhulu, S/o. Late Reddappa, Aged about 78 years, Occ. Ex-Serviceman, R/o. D.No. 10-49, Avuvaripalli, H/o. Mudupulavemula, Filer Mandal, Annamayya District. ...PETITIONER AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The District Collector, Annamayya District at Rayachoty. 3. The Revenue Divisional Officer, Rayachoty, Annamayya District. 4. The Tahsildar, Filer Mandal, Annamayya 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 OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 in not considering the Petitioner's Application vide Application No.TATTA012400119358, Dt. 03.Q4.2024 for deletion of the Petitioner's property to an extent of Ac.5.00 cents in Sy.No.933 of Bodumalluvaripalli Village, Filer Mandal, Annamayya District from the Prohibited Properties list notified under Section 22-A of The Registration Act, 1908 inspite of recommendations of the Respondent No.3 vide Ref.No.C/467/2024, Dt. 29.06.2024 and the recommendations of Respondent No.4 vide Roc.A/86/2024, Dt.31.05.2024 is questioned as the |ji^,is arbitrary, illegal, contrary to the G.O.Ms.No.279 of Revenue Department, Dt. 04.07.2016 apart from being violative of fundamental and constitutional rights guaranteed under articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondent No.2 to delete the subject property from the Prohibited Properties List notified under Section 22-A of The Registration Act, 1908 in respect of the petitioner's Application vide Application No.TATTAO 12400119358, Dt. 03.04.2024. H- Si -f 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 Respondent No.2 to delete the subject property i.e., an extent of Ac.5.00 cents in Sy.No.933 of Bodumalluvaripa lli Village, Piler Mandal, Annamayya District, from the Prohibited Properties List notified under Section 22-A of The Registration Act, 1908 in respect of the petitioner’s Application vide Application No.TATTAOl2400119358 03.04.2024, pending disposal of the Writ petition before this Hon’ble Court. Dt. Dt. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following: ORDER APHC010223702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11718/2025 Between: ...PETITIONER KotakondaNarasimhulu AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: V THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:11718/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a WRIT OF MANDAMUS declaring the action of the Respondents herein, particularly, Respondent No. 2 in not considering the Petitioners Application vide Application No TATTA012400119358, Dt.03.04.2024 for deletion of the Petitioner’s property to an extent of Ac. 5.00 cents in Sy.No.933 of Bodumalluvaripalli Village, Filer Mandal, Annamayya District from the Prohibited Properties list notified under Section 22-A of The Registration Act, 1908 inspite of recommendations of the Respondent No.3 vide Ref No. C/467/2024, Dt. 29.06.2024 and the recommendations of Respondent No. 4 vide Roc./V86/2024, Dt.31.05.2024 is questioned as the same is arbitrary, illegal, contrary to the G.O.Ms.No.279 of Revenue (Assn.l) Department, Dt.04.07.2016 apart from being violative of fundamental and constitutional rights guaranteed under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondent No. 2 to delete the subject property from the Prohibited Properties List notified under Section 22-A of The Registration Act, 1908 in respect of the petitioner’s Application vide Application No.TATTAOl2400119358 Dt.03.04.2024 and passsuch other order or orders....’’ 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. Though the petitioner made several allegations against the respondents, during hearing, learned counsel for the petitioner requested this Court, without touching the merits of the case, to issue a direction to the respondents to consider and dispose of the online 03.04.2024 submitted by the petitioner seeking for deletion of the subject property from the prohibited properties list notified under Section of the Registration Act, 1908 pursuant to the recommendation of No.3 vide proceedings dated 29.06.2024. application dated petitioner’s 22-A respondent 4. Learned Government Pleader for Revenue readily agreed to dispose of the application dated 03.04.2024 submitted by the petitioner, pending with the authorities, within a reasonable time. 5. In view of the submission of the learned Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, view of the judgment of the Apex Court in “The Government of India v. wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the application dated 03.04.2024 with reference to the recommendations of respondent No.3 dated 29.06.2024, this Court find no other alternative except to issue such direction. in P.Venkatesh 2004 (1) see 75? ^1* In the result, the writ petition is disposed of, directing the respondent authorities to consider and dispose of the online application dated 03.04.2025 submitted by the petitioner with reference to the recommendation s of respondent No.3 dated 29.06.2024, in accordance with law, after providing opportunity of hearing to all the parties concerned, within a period of four (04) months from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEC OFFICER To. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur District. The District Collector, Annamayya District at Rayachoty. The Revenue Divisional Officer, Rayachoty, Annamayya District. The Tahsildar, Piler Mandal, Annamayya District. One CC to Sri Suresh Kumar Reddy Kalava, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. ssb V T HIGH COURT DATED:06/05/2025 ORDER WP.No.11718 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS