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2025 DAILYLAW 54643 (AP)

Kottamaddi Nagaraju, v. THE STATE OF ANDHRA PRADESH

WP/25241/2025 · 2025-11-05

D Ramesh

body2025

Judgment text

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APHC010480172025 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: 25241/2025 Between: 1. KOTTAMADDI NAGARAJU,, S/O. LATE SUBBAIAH AGED ABOUT 70 YEARS, OCC. AGRICULTURE, R/O. 10-983, TRUNK ROAD, KADAPA, YSR DISTRICT. 2. KOTTAMADDI SUNEETHA,, W/O. SATYANARAYANA, AGED ABOUT 55 YEARS, OCC. HOUSE WIFE, R/O. 10-983, TRUNK ROAD, KADAPA, YSR DISTRICT. 3. K. SIVARAMA PRASAD,, S/O. LATE SUBBAIAH, AGED ABOUT 62 YEARS, OCC. AGRICULTURE, R/O. 10-983, TRUNK ROAD, KADAPA, YSR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA. 3. THE REVENUE DIVISIONAL OFFICER, KADAPA, YSR KADAPA DISTRICT. 4. THE TAHSILDAR, KADAPA MANDAL, YSR KADAPA 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 2 HDR,J W.P.No.25241 of 2025 pleased topleased to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the inaction of the 2nd respondent in considering the representation dated 09-06-2025 of the petitioners made for deletion of their lands to an extent of Ac. 0.99 Cents in Sy. No. 95/5B3, Ac. 0.07 Cents in Sy. No. 95/5B4, and Ac. 0.48 Cents in Sy. No. 95/5B5, Guduru village, Kadapa mandal, YSR District, and pass appropriate orders to delete from the prohibitory properties list, is illegal, arbitrary and unconstitutional and consequently 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 2nd respondent to consider the representation dated 09- 06-2025 of the petitioners made for deletion of their lands to an extent of Ac. 0.99 Cents in Sy. No. 95/5B3, Ac. 0.07 Cents in Sy. No. 95/5B4, and Ac. 0.48 Cents in Sy. No. 95/5B5, Guduru village, Kadapa mandal, YSR District, and pass appropriate orders to delete from the prohibitory properties list, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HDR,J W.P.No.25241 of 2025 THE HONOURABLE SRI JUSTICE D. RAMESH WRIT PETITION NO: 25241/2025 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 or an appropriate writ or order declaring the inaction of the 2nd respondent in considering the representation dated 09-06-2025 of the petitioners made for deletion of their lands to an extent of Ac.0.99 Cents in Sy.No.95/5B3, Ac.0.07 Cents in Sy.No.95/5B4, and Ac.0.48 Cents in Sy.No.95/5B5, Guduru village, Kadapa mandal, YSR District, and pass appropriate orders to delete from the prohibitory properties list”. 2. It is the case of the petitioners that the petitioners are the absolute owners and possessors of the subject land in an extent of Ac.0.99 Cents in Sy.No.95/5B3, Ac.0.07 Cents in Sy.No.95/5B4, and Ac.0.48 Cents in Sy.No.95/5B5 respectively of Guduru Village, Kadapa Mandal, YSR District, having succeeded by virtue of the registered will dated 18.11.1995 executed by their parents and mutated their names in the revenue records also and the subject lands were being cultivated by their family without any interruption. The pattadar passbooks and title deeds were also issued in their favour for the subject lands. Suddenly, they came to know that the subject lands were mentioned in the prohibitory properties list. On coming to know that, they also made representations dated 09.06.2025 and 15.07.2025 to the 2nd respondent requesting to delete the subject lands from the prohibitory properties list by 4 HDR,J W.P.No.25241 of 2025 duly enclosing all the documents. It is further contended that even after receipt of the petitioners’ representation, the respondent authorities have neither considered the same nor issued any proceedings till date. Hence, the present writ petition is filed. 3. Heard learned counsel for the petitioners and learned Assistant Government Pleader appearing on behalf of the respondents. 4. 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 petitioners are 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. 5. Having regard to the submissions made by the learned counsel for the petitioners 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 petitioners 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 5 HDR,J W.P.No.25241 of 2025 application, the 3rd respondent shall consider the same and pass appropriate orders within a period of two (02) months thereafter, in accordance with law. 6. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE D. RAMESH 06.11.2025 PGT