Posina Venkata krishtayya, v. The State of Andhra Pradesh
WP/31721/2025 · 2025-12-03
D Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 50734 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 50734 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010609822025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31721/2025 Between:
1. POSINA VENKATA KRISHTAYYA,, S/O.LATE POSINA CHINA VENKAIAH,
OCC
AGRICULTURE, AGE 42 YEARS, POSINAVARI PALEM VILLAGE,
EAST KANNUPURU, CHILLAKURU MANDAL, TIRUPATI DISTRICT, PIN - 524412. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT, A.P.
2. THE DISTRICT COLLECTOR, TIRUPATHI, TIRUPATI DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, CHILLAKURU MANDAL, TIRUPATHI, TIRUPATI DISTRICT, ANDHRA PRADESH. ...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 tomay be pleased to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the respondents in not withdrawing the lands admeasuring an extent of Ac.4.75 cents in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.55 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.8.30 cents of East Kannupur Village, Chillakur
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Mandal, Tirupati District, as illegal, arbitrary and violative of principle of natural justice and consequently direct the respondents 2 and 3 to delete lands admeasuring an extent of Ac.4.75 cents-in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.55 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.8.30 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties and pass such 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 may please be granted interim direction directing the respondents 2 and 3 to delete lands admeasuring an extent of Ac.4.75 cents in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.55 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.8.30 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties and pass such Counsel for the Petitioner:
1. POLAPRAGADA SREEMANNARAYANA Counsel for the Respondent(S):
1.
GP FOR REVENUE The Court made the following:
-3- W.P. No.31721 OF 2025 Date of order:04.12.2025
THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31721 OF 2025
ORDER:
1. The present writ petition is filed for the following relief:
“…pleased to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the respondents in not withdrawing the lands admeasuring an extent of Ac.4.75 cents in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.55 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.8.30 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, as illegal, arbitrary and violative of principle of natural justice and consequently direct the respondents 2 and 3 to delete lands admeasuring an extent of Ac.4.75 cents-in Sy. No.1, an extent out of Ac.60.63 cents, and an extent of Ac.3.55 cents in Sy. No.24, an extent out of Ac.80.23 cents totaling an extent of Ac.8.30 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties and pass such other order….”
2. The case of the petitioner is that his grandmother was in possession of the subject land. The petitioner made a representation to the 3rd respondent on 15.03.2025 requesting to mutate the property in his name. Upon which, the revenue authorities informed the petitioner that the subject lands were acquired by the Government for Krishnapatnam Port in the year 2008 and as such, the said lands were kept in block list for registration. -4- W.P. No.31721 OF 2025 Date of order:04.12.2025
3. The learned counsel for the petitioner has submitted that under G.O.Ms. No.361, Revenue (Assn.1) Department, dt.29.09.2015, the revenue authorities are under obligation to remove the gramakantam lands from the block list, however the respondents could not withdraw the gramakantam lands from the list of prohibited properties. 4. The learned Assistant Government Pleader for Revenue, on oral instructions, submits that the Patta has not been granted in favour of the petitioners. In fact, the subject land had been allotted to APIIC, which in turn granted the same to M/s.Krishnapatnam Infra Tech Private Limited. Now the latter is in possession of the subject property. 5. In reply, the learned counsel for the petitioner has submitted that the grandmother of the petitioner is in possession of the subject land and the patta has been granted in her favour.
It is further submitted that when the petitioner has made an application for deletion of the subject property from the list under Section 22-A of the Registration Act, 1908 and the authorities are required to examine the relevant records and act upon accordingly. 6. Considering the submissions, the writ petition is disposed of, directing the 2nd respondent to consider the application of the petitioner and pass appropriate orders after obtaining necessary reports/remarks from the concerned Tahsildar and Revenue
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Divisional Officer. The said exercise should be completed within a period of three months from the date of receipt of a copy of this
order.
7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH BV