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High Court of Andhra Pradesh · body

2025 DAILYLAW 53760 (AP)

POSINA VENKAIAH v. THE STAE OF AP

WP/31738/2025 · 2025-12-03

D Ramesh

body2025

Judgment text

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APHC010609842025 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: 31738/2025 Between: 1. POSINA VENKAIAH, S/O POSINA (LATE)MUTYALAIAH, AGE 33 YEARS, OCC- AGRICULTURE, VAMSIKRISHNA RICE MILL ROAD STREET, KOTA (VANDM), TIRUPATI DISTRICT, A.P. PIN CODE- 524466. ...PETITIONER AND 1. THE STAE OF AP, 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 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.2'.50 cents in Sy. No.7, out of Ac.24.91 cents, an extent of Ac.2.50 cents in Sy. No.8, out of Ac. 18.80 cents and an extent of Ac.3.25 cents in Sy. No. 14-1, out of Ac. 11.15 cents and Ac.2.50 cents in Sy. No.24 out of Ac.80.23 cents totaling an extent of Ac. 10.75 -2- W.P. No.31738 OF 2025 Date of order: 04.12.2025 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.2.50 cents in Sy. No.7, out of Ac.24.91 cents, an extent of Ac.2.50 cents in Sy. No.8, out of Ac. 18.80 cents and an extent of Ac.3.25 cents in Sy. No.14-1, out of Ac.11.15 cents and Ac.2.50 cents in Sy. No.24 out of Ac.80.23 cents totaling an extent of Ac. 10.75 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 please be granted interim direction directing the respondents 2 and 3 to delete lands admeasuring an extent of Ac.2.50 cents in Sy. No.7, out of Ac.24.91 cents, an extent of Ac.2.50 cents in Sy. No.8, out of Ac. 18.80 cents and an extent of Ac.3.25 cents in Sy. No. 14-1, out of Ac. 11.15 cents and Ac.2.50 cents in Sy. No.24 out of Ac.80.23 cents totaling an extent of Ac. 10.75 cents of East Kannupur Village, Chillakur Mandal, Tirupati District, from the list of prohibited properties and pass 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.31738 OF 2025 Date of order: 04.12.2025 THE HON’BLE SRI JUSTICE D RAMESH WRIT PETITION NO: 31738 OF 2025 ORDER: 1. The present writ petition is filed 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 an extent of Ac.2.50 cents in Sy.No.7, out of Ac.24.91 cents, an extent of Ac.2.50 cents in Sy.No.8, out of Ac.18.80 cents and an extent of Ac.3.25 cents in Sy.No.14-1, out of Ac.11.15 cents and Ac.2.50 cents in Sy.No.24 out of Ac.80.23 cents totaling an extent of Ac. 10.75 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.2.50 cents in Sy.No.7, out of Ac.24.91 cents, an extent of Ac.2.50 cents in Sy.No.8, out of Ac. 18.80 cents and an extent of Ac.3.25 cents in Sy.No.14-1, out of Ac.11.15 cents and Ac.2.50 cents in Sy.No.24 out of Ac.80.23 cents totaling an extent of Ac. 10.75 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.31738 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 grandmother of the petitioner was not granted Patta. 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 favour of his grandmother. 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 Divisional Officer. The -5- W.P. No.31738 OF 2025 Date of order: 04.12.2025 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