APHC010297552025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 14960/2025 Between: 1. PALLEM LAXMI VARA PRASAD,, S/O. SAMBAIAH, AGED 45 YEARS, OCC. AGRICULTURE, NANDIGAMA VILLAGE, PEDANA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATHI, A.P. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE JOINT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 4. THE REVENUE DIVISIONAL OFFICER, BANDAR, MACHILIPATNAM. 5. THE TAHSILDAR, MACHILIPATNAM(M), KRISHNA 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 a Writ of Mandamus for the inaction of the Respondent No.2 to 5 authorities in considering the online Applications vide Nos. TTA012300113051 and TTA012300113052 dated 22-09-023 and also non considering the representations dated 22-03-2024 and 15-12-2023 made to the 2nd Respondent and 3rd Respondents herein respectively is illegal, arbitrary, violation of principles of natural justice, violation of legal right 2 HDR,J W.P.No.14960 of 2025 guaranteed under Article 300-A constitution of India, 1950 and also violation of the order and Judgment of the Hon'ble D.B. of this Hon'ble High Court in W.A.No.454 of 2019 dated 24-08-2023 wherein confirmed the order and judgment of the single judge of this Hon'ble Court in W.P.No.946 of 2017 dated 26-10-2018 and consequently direct the Respondent No,2 to 5 to exclude the writ subject private agricultural land property admeasuring Ac. 1- 90 cents consists of Ac.1-19 cents in Sy.Nos.49/1B and Ac.0-71 cents in 81/2 situated at Pothepalli(V), Machilipatnam(M), Krishna District, from the prohibition list of section 22A-(1)(A) of Registration Act 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 pleased to direct the Respondent No.2 and 3 to consider the representations dated 22-03-2024 and 15-02-2023 submitted to them respectively and pass Counsel for the Petitioner: 1. KRISHNA DARAPU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HDR,J W.P.No.14960 of 2025 THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 14960/2025 The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India, seeking the following relief: “... to issue writ or order more particularly one in the nature Writ of Mandamus for the inaction of the Respondent No.2 to 5 authorities in not considering the online Applications vide Nos.TTA012300113051 and TTA012300113052 dated 22-09-023 and also non considering the representations dated 22-03-2024 and 15-12-2023 made to the 2nd Respondent and 3rd Respondents herein respectively is illegal, arbitrary, violation of principles of natural justice, violation of legal right guaranteed under Article 300-A constitution of India, 1950 and also violation of the order and Judgment of the Hon'ble D.B. of this Hon'ble High Court in W.A.No.454 of 2019 dated 24-08-2023 wherein confirmed the order and judgment of the single judge of this Hon'ble Court in W.P.No.946 of 2017 dated 26-10-2018 and consequently direct the Respondent Nos.2 to 5 to exclude the writ subject private agricultural land property admeasuring Ac.1-90 cents consists of Ac.1-19 cents in Sy.Nos.49/1B and Ac.0-71 cents in 81/2 situated at Pothepalli(V), Machilipatnam(M), Krishna District, from the prohibition list of section 22A-(1)(A) of Registration Act”. 2. 2. It is the case of the petitioner that the petitioner challenges the inaction of Respondents 2 and 3 in not considering the online applications dated 22.09.2023 and the representations dated 22.03.2024 and 15.02.2023 seeking removal of the petitioner’s private agricultural land measuring Ac.1.90 cents in Sy.Nos.49/1B and 81/2 of Pothepalli Village from the prohibited list under Section 22A(1)(A) of the Registration Act. The petitioner is the absolute 4 HDR,J W.P.No.14960 of 2025 owner and he has been in peaceful possession of the land pursuant to the decree in O.S.No.272/2000, through which a registered sale deed was executed by the executing court on 12.12.2008, followed by delivery of possession on 22.08.2009. The land was originally assigned after payment of consideration, and as held in W.P.No.3765 of 1990, such assignments cannot be cancelled on the ground of alienation. 3. Learned counsel for the petitioner also refers to the judgment of the Division Bench of this Court in W.A.No.454 of 2019 dated 24.08.2023, wherein the said order was dismissed against the respondents therein by confirming the order of the Single Judge in W.P.No.946 of 2017 dated 26.10.2018 and the contempt case is also filed vide C.C.No.1302 of 2024 against the order in W.P.No.946 of 2017 dated 26.10.2018, wherein this Court observed that since the resumption orders were already set aside, possession was restored to the petitioner, and the record of rights was updated, there was no deliberate violation of the earlier order. The Court clarified that inclusion of the land in the Section 22A prohibited list constitutes a separate cause of action and that the petitioner must take steps before the competent authority for exclusion of the land. As the respondent authorities have not acted on the petitioner’s applications and representations seeking such exclusion, the present writ petition has been filed. 4. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing on behalf of the respondents. 5 HDR,J W.P.No.14960 of 2025 5. On the other hand, learned Assistant Government Pleader appearing on behalf of the respondents submitted that there is a prescribed procedure to be followed for deletion of the properties from the list of prohibited properties under Section 22-A(1)(C) of the Registration Act, 1908. The petitioner is required to file an online application for removal of their property from the said list. Upon submission of such application, the respondent authorities will consider the same and pass appropriate orders within a reasonable time, in accordance with law. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents, and upon perusal of the material available on record, this Court is of the considered view that the present writ petition can be disposed of by granting liberty to the petitioner to file an online application before the 2nd respondent/District Collector within a period of two (02) weeks from the date of receipt of a copy of this order. Upon submission of such application, the 3rd respondent shall consider the same and pass appropriate orders within a period of two (02) months thereafter, in accordance with law. 7. With the above direction, the writ petition is disposed of. No order as to costs. 6 HDR,J W.P.No.14960 of 2025 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE D. RAMESH 06.11.2025 PGT