Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 51613 (AP)

POSINA SARADAMMA v. THE STATE OF AP

WP/34057/2025 · 2025-12-08

D Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010656032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34057/2025 Between: 1. POSINA SARADAMMA, W/O. NARAYANA, OCC AGRICULTURE, AGE 43 YEARS, POSINAVARI PALEM VILLAGE, EAST KANNUPURU, CHILLAKURU MANDAL, TIRUPATI DISTRICT, PINCODE - 5244,12. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTNIENT SECRETARIAT, VEIAGAPUDI, TUIIURU MANDAI, GUNTUR DISTRICT, A.P. 2. THE DISTRICT COLLECTOR, TI.RUPATHI, TIRUPATI DISTRICT, ' ANDHRA PRADESH. 3. THE TAHSLLDAR, 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 to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the respondents in not withdrawing the lands admeasuring 1) an extent of Ac. 1.25 cents, in Sy No.7 out of total area of Ac 24.91 cents, 2) an extent of Ac.1.18 cents in Sy No.8 out of total area of Ac. 18.64 cents, 3) an extent of Ac. 1.50 cents in Sy. No.11- 4, out of total area of Ac 32.81 cents, 4) an extent of Ac.0.50 cents in Sy. No.14-1, out of total area 2 of Ac. 11.15 cents, 5) an extent of Ac.0.07 cents in Sy. No. 17-4, out of total area of Ac. 8.50 cents, and 6) an extent of Ac.4.10 cents in Sy. No.24, out of total area of Ac.80.23 cents totaling an extent of Ac. 8.60 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 1) an extent of Ac. 1.25 cents, in Sy No.7 out of total area of Ac 24.91 cents, 2) an extent of Ac. 1.18 cents in Sy No.8 out of total area of Ac. 18.64 cents, 3) an extent of Ac.1.50 cents in Sy. No.11- 4, out of total area of Ac.32.81 cents, 4) an extent of Ac.0.50 cents in Sy. No. 14-1, out of total area of Ac.11.15 cents, 5) an extent of Ac.0.07 cents in Sy. No. 17-4, out of total area of Ac. 3.50 cents, and 6) an extent of Ac.4.10 cents in Sy.No.24, out of total area of Ac.80.23 cents totaling an extent of Ac. 8.60 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties 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 Counsel for the Petitioner: 1. POLAPRAGADA SREEMANNARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India for the following relief: “…to issue an order direction writ more particularly Writ of Mandamus declaring the action of the respondents in not withdrawing the lands admeasuring 1) an extent of Ac.1.25 cents, in Sy.No.7 out of total area of Ac.24.91 cents, 2) an extent of Ac.1.18 cents in Sy.No.8 out of total area of Ac.18.64 cents, 3) an extent of Ac.1.50 cents in Sy.No.11-4, out of total area of Ac.32.81 cents, 4) an extent of Ac.0.50 cents in Sy.No.14-1 out of total area of Ac.11.15 cents, 5) an extent of Ac.0.07 cents in Sy.No.17-4 out of total area of Ac.8.50 cents, and 6) an extent of Ac.4.10 cents in Sy.No.24, out of total area of Ac.80.23 cents totaling an extent of Ac.8.60 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 1) an extent of Ac.1.25 cents, in Sy.No.7 out of total area of Ac.24.91 cents, 2) an extent of Ac.1.18 cents in Sy.No.8 out of total area of Ac.18.64 cents, 3) an extent of Ac.1.50 cents in Sy.No.11-4, out of total area of Ac.32.81 cents, 4) an extent of Ac.0.50 cents in Sy.No.14- 1 out of total area of Ac.11.15 cents, 5) an extent of Ac.0.07 cents in Sy.No.17-4 out of total area of Ac.8.50 cents, and 6) an extent of Ac.4.10 cents in Sy.No.24, out of total area of Ac.80.23 cents totaling an extent of Ac.8.60 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties and pass…” (in verbatim) 4 2. The case of the petitioner is that he was in possession of the land an extent of Ac.1.25 cents, in Sy.No.7 out of total area of Ac.24.91 cents, an extent of Ac.1.18 cents in Sy.No.8 out of total area of Ac.18.64 cents, an extent of Ac.1.50 cents in Sy.No.11-4, out of total area of Ac.32.81 cents, an extent of Ac.0.50 cents in Sy.No.14-1 out of total area of Ac.11.15 cents, an extent of Ac.0.07 cents in Sy.No.17-4 out of total area of Ac.8.50 cents, and an extent of Ac.4.10 cents in Sy.No.24, out of total area of Ac.80.23 cents totaling an extent of Ac.8.60 cents of East Kannupur Village, Chillakur Mandal, Tirupati District. The petitioner made a representation to the 3rd respondent on 15.03.2025 requesting to mutate the property in her 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. 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 3rd respondent filed his detailed counter denying the grant of Patta 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 5. In reply, the learned counsel for the petitioner has submitted that 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 made by the learned counsel on either side, 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 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. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D.RAMESH Date: 09.12.2025 SNI 6 201 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION NO: 34057 OF 2025 Dt.09.12.2025 SNI